Two Years into New Jersey's Plastic Reduction Law

Flimsy, heat-stitched "ultrasonic" bags with low durability
defined as "reusable" included in NJ's proposed "Get Past
Plastic" regulations

May 4, 2024, marks the two-year anniversary of New Jersey’s “Get Past Plastic” law, which prohibits businesses from distributing plastic and paper bags and foam take-out containers, and limits straws to availability upon customer request. The ban on plastic bags has succeeded in eliminating plastic waste. According to data collected from COA’s 2022 Beach Sweeps, as well as data from the NJ Food Council as of May 2023, the law has been successful in eliminating billions of plastic bags and single-use paper bags from the waste stream. 

To learn more about the Get Past Plastic Law and help inform businesses about the law, go to www.dep.nj.gov/get-past-plastic/. If you notify a company they are in violation of the “Get Past Plastic” Law and the violation continues, please call 1-877-WARN-DEP.

New Regulations for Get Past Plastic Law

The New Jersey Department of Environmental Protection (NJDEP) proposed regulations implementing the law on April 4, 2024. For the most part, the proposed regulations clarify the law in practice, such as settling what products are included in the definitions of plastic and reusable bags. However, COA recommends that some text of the regulations should be modified. For example, the proposed regulations consider flimsy, heat-stitched “ultrasonic” bags (which are created by melting fabric together as opposed to properly sewing and stitching) as reusable bags despite their lower durability. Also, the proposed regulations should clarify factors that the New Jersey Department of Environmental Protection (DEP) needs to consider when determining whether an exemption of foam plastic product is “necessary.”

The NJDEP held a public hearing on the proposal on May 1, 2024, at which COA and environmental colleagues testified. The agency is accepting written comments from the public until May 31. To submit comments, go to: https://dep.nj.gov/rules/rule-comment-form/.