New Jersey § 13:1e-99

§ 13:1e-99.

a. (1) Beginning three years and six months after the effective date of this act, 1 and annually thereafter, each manufacturer shall certify, in writing, to the department

whether or not the rigid plastic containers, plastic beverage containers, glass containers,

paper carryout bags, plastic carryout bags, or plastic trash bags, as applicable,

sold, offered for sale, or used in association with the sale or offer for sale of

a product in the State, are in compliance with the postconsumer recycled content requirements

of this act, 2 or are otherwise exempt or have been approved for a waiver from the requirements. If the manufacturer claims an exemption from the requirements of this act, the manufacturer

shall set forth the specific basis upon which the exemption is claimed, and submit

such proof as the department determines necessary. The certification shall be signed by an authorized representative of the manufacturer. A manufacturer shall submit the certification, in the form and manner determined

by the department, under penalty of perjury. The certification shall include the amount, in pounds, of virgin plastic, glass,

or paper and the amount, in pounds, of postconsumer recycled material used by the

manufacturer for any products subject to the requirements of this act, and any other

information as the department deems necessary. The department shall establish an electronic certification process on its Internet

website; however, the lack of an electronic certification process shall not negate

the requirement for a manufacturer to certify its compliance pursuant to this subsection. (2) The department may, in consultation with manufacturers, study: (a) whether there

exist independent, third-party verification organizations that can verify manufacturers'

compliance with the requirements of this act; and (b) appropriate accreditation standards

for such organizations. The department may prepare and submit a report including its findings to the Governor,

to the Legislature pursuant to section 2 of P.L.1991, c. 164 ( C.52:14-19.1 ), and to the members of the Senate Environment and Energy Committee and the Assembly

Environment and Solid Waste Committee, or their successors. b. Each manufacturer shall maintain records, in a form prescribed by the department,

that demonstrate, for all rigid plastic containers, plastic beverage containers, glass

containers, paper carryout bags, plastic carryout bags, or plastic trash bags generated

or produced by the manufacturer, whether and how the manufacturer has complied with

the postconsumer recycled content requirements, or whether the manufacturer qualifies

for an exemption or waiver from the postconsumer recycled content requirements. The department may adopt specific requirements for the records required to be maintained

pursuant to this subsection and may request the records from a manufacturer at any

time. A manufacturer shall submit records to the department no later than 30 days after

receipt of a request, unless the department extends that timeframe. c. The department may audit or investigate a manufacturer, at any time, to assess

the manufacturer's compliance with the requirements of this act. Each year, the department may audit, or cause to be audited, a random sample of

manufacturers in order to determine compliance with this act. A manufacturer shall cooperate fully with any audit or investigation conducted pursuant

to this section. The department may require a manufacturer to pay the costs of an audit conducted

pursuant to this subsection. d. The department shall annually publish a list of registered manufacturers, their

compliance status, and other information the department deems appropriate on the department's

Internet website. 1

L.2021, c. 391, eff. Jan. 18, 2022. 2

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