N.J. Stat. § 13:1E-99.127

Current through L. 2024, c. 80.

Section 13:1E-99.127 - Definitions relative to certain single-use products

As used in P.L. 2020, c. 117(C.13:1E-99.126 et al.):

"Carryout bag" means a bag that is provided by a store or food service business to a customer for the purpose of transporting groceries, prepared foods, or retail goods. "Carryout bag" shall not include:

(1) a bag used solely to contain or wrap uncooked meat, fish, or poultry;

(2) a bag used solely to package loose items such as fruits, vegetables, nuts, coffee, grains, baked goods, candy, greeting cards, flowers, or small hardware items;

(3) a bag used solely to contain live animals, such as fish or insects sold in a pet store;

(4) a bag used solely to contain food sliced or prepared to order, including soup or hot food;

(5) a laundry, dry cleaning, or garment bag;

(6) a bag provided by a pharmacy to carry prescription drugs;

(7) a newspaper bag; and

(8) any similar bag, as determined by the department pursuant to rule, regulation, or guidance.

"Department" means the Department of Environmental Protection.

"Food service business" means a business that sells or provides food for consumption on or off the premises, and includes, but is not limited to, any restaurant, café, delicatessen, coffee shop, convenience store, grocery store, vending truck or cart, food truck, movie theater, or business or institutional cafeteria, including those operated by or on behalf of any governmental entity.

"Grocery store" means a self-service retail establishment that occupies at least 2,500 square feet and that sells household foodstuffs for off-site consumption, including, but not limited to, fresh produce, meat, poultry, fish, deli products, dairy products, canned foods, dry foods, beverages, baked foods, or prepared foods. "Grocery store" shall not include an establishment that handles only prepackaged food that does not require time or temperature controls for food safety.

"Hemp product" means a finished product with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent that is derived from or made by processing a hemp plant or plant part and prepared in a form available for commercial sale.

"Person" means any individual, corporation, company, association, society, firm, partnership, joint stock company, or governmental entity.

"Plastic" means a synthetic material made from linking monomers through a chemical reaction to create an organic polymer chain that can be molded or extruded at high heat into various solid forms retaining their defined shapes during the life cycle and after disposal.

"Polystyrene foam" means blown polystyrene and expanded and extruded foams that are thermoplastic petrochemical materials utilizing a styrene monomer and processed by a number of techniques, including, but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding, and extrusion-blow molding (extruded foam polystyrene).

"Polystyrene foam food service product" means a product made, in whole or in part, of polystyrene foam that is used for selling or providing a food or beverage, and includes, but is not limited to, a food container, plate, hot or cold beverage cup, meat or vegetable tray, cutlery, or egg carton.

"Reusable carryout bag" means a carryout bag that:

(1) is made of polypropylene, PET nonwoven fabric, nylon, cloth, hemp product, or other machine washable fabric;

(2) has stitched handles; and

(3) is designed and manufactured for multiple reuse.

"Single-use paper carryout bag" means a carryout bag made of paper that is not a reusable carryout bag.

"Single-use plastic carryout bag" means a carryout bag made of plastic that is not a reusable carryout bag.

"Store" means any grocery store, convenience store, liquor store, pharmacy, drug store, or other retail establishment.

N.J.S. § 13:1E-99.127

Added by L. 2020, c. 117, s. 2, eff. 11/4/2020.