Eliminates prohibition on paper bags, and allows packaging options, for certain grocery orders for three years; requires program for disposition of reusable bags; extends timeframe for use of certain bags by food banks and pantries.

A1534

ASSEMBLY, No. 1534

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman CLINTON CALABRESE

District 36 (Bergen and Passaic)

SYNOPSIS

���� Eliminates prohibition on paper bags, and allows
packaging options, for certain grocery orders for three years; requires program
for disposition of reusable bags; extends timeframe for use of certain bags by
food banks and pantries.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act
concerning bagging options for grocery stores
,
third party
grocery delivery services, food banks, and food pantries, and amending and
supplementing P.L.2020, c.117.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� Section 2 of P.L.2020,
c.117 (C.13:1E-99.127) is amended to read as follows:

���� 2.��� 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, caf�,
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.

����
�Third party grocery
delivery service� means a third party service that employs personal shoppers to
shop for, pick up, and deliver groceries to customers.

(cf: P.L.2020, c.117, s.2)

���� 2.��� Section 3 of P.L.2020,
c.117 (C.13:1E-99.128) is amended to read as follows:

���� 3. �a. Beginning 18 months
after the effective date of P.L.2020, c.117 (C.13:1E-99.126 et al.):

���� (1)� no store or food service
business shall provide or sell a single-use plastic carryout bag to a customer;
and

���� (2)� no grocery store shall
provide or sell a single-use paper carryout bag to a customer
, except as
provided in section 3
of P.L. , c. (C. ) (pending
before the Legislature as this bill)
.�

���� b.��� A municipality or county
shall not adopt any rule, regulation, code, or ordinance concerning the
regulation or prohibition of single-use plastic carryout bags or single-use
paper carryout bags after the effective date of P.L.2020, c.117 (C.13:1E-99.126
et al.).

���� c.��� Beginning 18 months
after the effective date of P.L.2020, c.117 (C.13:1E-99.126 et al.), this
section shall supersede and preempt any municipal or county rule, regulation,
code, or ordinance concerning the regulation or prohibition of single-use
plastic carryout bags or single-use paper carryout bags that was enacted prior
to the effective date of P.L.2020, c.117 (C.13:1E-99.126 et al.).

���� d.��� Notwithstanding the
provisions of subsection a. of this section to the contrary, beginning
[
24
]

60
months
after the effective date of P.L.2020, c.117 (C.13:1E-99.126 et al.), no food
bank or food pantry shall provide a single-use plastic carryout bag to a
customer.

���� As used in this subsection:

���� "Food bank" means
the same as the term is defined in section 2 of P.L.1982, c.178 (C.24:4A-2).

���� "Food pantry" means
a nonprofit organization or government entity that distributes food to
individuals in need of assistance, including, but not limited to, a soup
kitchen, homeless shelter, or religious organization.

(cf: P.L.2022, c.6, s.1)

���� 3. �(New section)� a.� A
grocery store or third party grocery delivery service may provide, or sell to
customers for a fee, any of the following packaging options for groceries
prepared for delivery, pickup, or curbside pickup: (1) single-use paper
carryout bags, provided that the bags contain at least 40 percent postconsumer
recycled content; (2) cardboard boxes; or (3) reusable bags.� A grocery store
or third party grocery delivery service that provides customers more than one
packaging option shall allow the customer to choose one of the available
packaging options.� Three years after the effective date of this section, a
grocery store or third party grocery delivery service shall not provide or sell
to customers single-use paper carryout bags or cardboard boxes for groceries
prepared for delivery, pickup, or curbside pickup.� The provisions of this
subsection shall apply to the grocery store or third party grocery delivery
service through which the customer placed the order for groceries to be
prepared for delivery, pickup, or curbside pickup.

���� b.� A grocery store or third
party grocery delivery service may provide customers the option of receiving
unpackaged groceries to an exterior receptacle provided by the customer, such
as a cooler or other container made to preserve perishable goods, where the
groceries can be safely delivered.

���� c.��� No later than 90 days
after the effective date of P.L. , c. (C. )
(pending before the Legislature as this bill), a grocery store or third party
grocery delivery service that provides reusable bags for home delivery, pickup,
or curbside pickup, shall provide customers an optional reusable bag takeback
service, and establish (1) a reuse program to provide for the return,
sanitation, and reuse of the reusable bags returned by customers, (2) a
recycling program for the return and recycling of the reusable bags returned by
customers, or (3) a donation program to provide for the donation of the
reusable bags returned by customers to a food bank or food pantry.� A grocery
store or third party grocery delivery service that establishes a reuse program,
a recycling program, or a donation program pursuant to this subsection, shall
not be required to take back reusable bags sold or provided to customers by
another grocery store or third party grocery delivery service.� A grocery store
or third party grocery delivery service that provides returnable reusable bags
shall not charge customers a fee for a returned reusable bag.� Under the reuse
program, the reusable bags shall continue to be reused for home delivery,
pickup, or curbside pickup until the bags are soiled, damaged, or exhibit
substantial wear and tear, and can no longer be reused.

���� 4.��� This act shall take
effect immediately.

STATEMENT

���� This bill authorizes a third
party grocery delivery service or a grocery store to provide, or sell to
customers for a fee, any of the following options for groceries prepared for
delivery, pickup, or curbside pickup: 1) single-use paper carryout bags, provided
that the bags contain at least 40 percent postconsumer recycled content; 2)
cardboard boxes; or 3) reusable bags.� Under the bill, if a grocery store or
third party grocery delivery service provides customers more than one packaging
option, the customer may choose one of the available packaging options.� A
grocery store or third party grocery delivery service may also provide
customers the option of receiving unpackaged groceries to a receptacle provided
by the customer where the groceries can be safely delivered.� Beginning three
years after the bill's effective date, third party grocery delivery services
and grocery stores would no longer be authorized to provide paper bags or
cardboard boxes.� Finally, the bill requires grocery stores and third party
grocery delivery services that provide reusable bags for home delivery to
establish a program for the return, sanitation, and reuse of the reusable
bags,� a program to recycle the returned reusable bags, or a donation program
to donate the reusable bags returned by customers to a food bank or food

pantry. Grocery stores and third
party delivery services would not be required to take back reusable bags
provided to customers by another grocery store or third party delivery service.