New Jersey § 13:1e-99

§ 13:1e-99.

As used in this act: 1 “ Beverage ” means any of the following products if those products are in liquid, ready-to-drink

form, and are intended for human consumption: beer and other malt beverages; wine

and distilled spirit coolers; carbonated water, including soda and carbonated mineral

water; noncarbonated water, including noncarbonated mineral water; carbonated soft

drinks; noncarbonated soft drinks and sport drinks; noncarbonated fruit drinks that

contain any percentage of fruit juice; coffee and tea drinks; carbonated fruit drinks;

and vegetable juice. “ Commissioner ” means the Commissioner of Environmental Protection. “ Department ” means the Department of Environmental Protection. “ Food ” means articles used for food or drink for consumption by humans or other animals,

and articles used for components of any such article. “ Glass container ” means a container made of glass that is filled with a food or beverage. “ Hot fill process ” means a process to sterilize both a food product and its container during the food

packaging process, in which the food product is heated to a temperature between 194

and 203 degrees Fahrenheit and then injected into the container. “ Licensee ” means a manufacturer or entity who licenses a brand and manufactures a product under

that brand. “ Manufacturer ” means: (1) a person that produces or generates a rigid plastic container, paper

carryout bag, plastic carryout bag, or plastic trash bag that does not contain a product

and that is sold or offered for sale in the State; (2) a person that is the brand

owner of a product that is sold or offered for sale in the State and that is packaged

in a rigid plastic container, plastic beverage container, or glass container, unless

the brand owner identifies a licensee who agrees to accept responsibility under this

act and the licensee informs the department in writing of the agreement; or (3) in

the absence of a person meeting the criteria in (1) or (2) of this definition over

whom the State may exercise jurisdiction, a person who imports or distributes a product

into or within the State that is sold or offered for sale in the State and that is

packaged in a rigid plastic container, plastic beverage container, or glass container. “Manufacturer” shall not include a person who, at a single physical location, produces,

packages, and sells a product directly to a consumer at retail, which may include

a grocery store, restaurant, bar, cafeteria, café, food truck, food cart, or similar

establishment. “ Paper carryout bag ” means a bag made of paper that is sold or provided by a store to a customer for

the purpose of containing, carrying, and transporting food, beverages, or retail goods. “ Person ” means an individual, corporation, company, association, society, firm, partnership,

or joint stock company. “ 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. “Plastic” shall not include material that is designed to be composted in a municipal

or industrial aerobic composting facility and that is certified by a recognized third-party

independent verification body as meeting the standards therefor established by the

American Society for Testing and Materials in ASTM D6400 or ASTM D6868. “ Plastic beverage container ” means an individual, separate bottle, can, jar, carton, or other container made

of plastic that is hermetically sealed or made airtight with a metal or plastic cap,

and that contains a beverage. “Plastic beverage container” shall not include any label, cap, closure, or other

item affixed to the container. “ Plastic carryout bag ” means a bag made of plastic, of any thickness, whether woven or nonwoven, that is

sold or provided by a store to a customer for the purpose of containing, carrying,

and transporting food, beverages, or retail goods. “ Plastic trash bag ” means a bag that is made of plastic, is at least 0.70 mils thick, and is designed

and manufactured for use as a container to hold, store, or transport materials to

be discarded, composted, or recycled, and includes, but is not limited to, a garbage

bag, lawn or leaf bag, can-liner bag, kitchen bag, or compactor bag. “ Postconsumer recycled content ” means a material or product that has completed its intended end use and product

life cycle, and which has been separated from the solid waste stream for the purposes

of collection and recycling. “Postconsumer recycled content” shall not include secondary waste material or materials

and by-products generated from, and commonly used within, an original manufacturing

and fabrication process. “ Rigid plastic container ” means a container made of plastic that has a relatively inflexible finite shape

or form, has a minimum capacity of eight fluid ounces or its equivalent volume and

a maximum capacity of five fluid gallons or its equivalent volume, and is capable

of maintaining its shape while empty or while holding other products. 1

L.2021, c. 391 (N.J.S.A. § 13:1E-99.135 et seq.).