Provides permanent exemption for certain polystyrene foam food service products from law prohibiting sale and provision of polystyrene foam food service products.

S4230

SENATE, No. 4230

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MAY 14, 2026

Sponsored by:

Senator� KRISTIN M. CORRADO

District 40 (Bergen, Essex and Passaic)

Co-Sponsored by:

Senator Lagana

SYNOPSIS

���� Provides permanent exemption for certain polystyrene
foam food service products from law prohibiting sale and provision of
polystyrene foam food service products.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act

concerning polystyrene foam food service products
and amending P.L.2020, c.117.

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

���� 1.� Section 4 of P.L.2020,
c.117 (C.13:1E-99.129) is amended to read as follows:

���� 4.��� a.�������� Beginning 18
months after the effective date of P.L.2020, c.117 (C.13:1E-99.126 et al.), no
person shall sell or offer for sale in the State any polystyrene foam food
service product
, except as provided in subsection h. of this section
.

���� b.��� Beginning 18 months
after the effective date of P.L.2020, c.117 (C.13:1E-99.126 et al.), no food
service business shall provide or sell any food in a polystyrene foam food
service product
, except as provided in subsection h. of this section
.

���� c.���� The following products
shall be exempt from the provisions of subsections a. and b. of this section
for a period of two years beginning 18 months after the effective date of
P.L.2020, c.117 (C.13:1E-99.126 et al.):

���� (1)�� disposable, long-handled
polystyrene foam soda spoons when required and used for thick drinks;

���� (2)�� portion cups of two
ounces or less, if used for hot foods or foods requiring lids;
and

���� (3)��
[
meat and fish
trays for raw or butchered meat, including poultry, or fish that is sold from a
refrigerator or similar retail appliance;
]

(Deleted by amendment, P.L. , c. )
(pending before the Legislature as this bill)

���� (4)��
[
any food
product pre-packaged by the manufacturer with a polystyrene foam food service
product; and
]

(Deleted by amendment, P.L. , c. )
(pending before the Legislature as this bill)

���� (5) any other polystyrene foam
food service product as determined necessary by the department.

���� d.��� The department may
extend any exemption provided for in subsection c. of this section for
additional periods not to exceed one year upon a written determination that
there is no cost-effective and readily available alternative for the item.� An
exemption shall expire after one year unless the department extends the
exemption pursuant to this subsection.

���� e.���� The department may,
upon written application by a person or food service business, waive the
provisions of subsection a. or b. of this section for the person or food
service business for a period not to exceed one year, if:

���� (1)�� there is no feasible and
commercially available alternative for a specific polystyrene foam food service
product; or

���� (2)�� the person or food
service business has less than $500,000 in gross annual income and there is no
reasonably affordable, commercially-available alternative to the polystyrene
foam food service product.

���� The department shall prescribe
the form and manner of the application for a waiver pursuant to this
subsection.� The department may, upon written application, extend any waiver
granted pursuant to this section for additional periods not to exceed one year.

���� f.���� A municipality or
county shall not adopt any rule, regulation, code, or ordinance concerning the
regulation or prohibition of polystyrene foam food service products after the
effective date of P.L.2020, c.117 (C.13:1E-99.126 et al.).

���� g.��� 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 polystyrene foam
food service products that was enacted prior to the effective date of P.L.2020,
c.117 (C.13:1E-99.126 et al.).

����
h.� The following products
shall be exempt from the provisions of subsections a. and b. of this section:

����
(1) meat and fish trays for
raw or butchered meat, including poultry, or fish that is sold from a
refrigerator or similar retail appliance; and

����
(2) any food product
pre-packaged by the manufacturer with a polystyrene foam food service product.

(cf: P.L.2020, c.117, s.4)

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

STATEMENT

���� This bill would provide a
permanent exemption for certain polystyrene foam food service products from
current State law, P.L.2020, c.117, (C.13:1E-99.126 et al.), which prohibits
the sale and provision of polystyrene foam food service products.

���� Specifically, this bill would
exempt the following polystyrene foam food service products: (1) meat and fish
trays for raw or butchered meat, including poultry, or fish that is sold from a
refrigerator or similar retail appliance; and (2) any food product pre-packaged
by the manufacturer with a polystyrene foam food service product.

���� Under current law, no person
is permitted to sell or offer for sale in the State any polystyrene foam food
service product and no food service business is permitted to provide or sell
any food in a polystyrene foam food service product.� The law provided for a
two year exemption for certain polystyrene foam food service products,
including those for meat and fish trays for raw and butchered meat and food
products pre-packaged by the manufacturer, and provides for a waiver process
where the exemption can be extended for periods of one year at a time if the
Department of Environmental Protection determines that there is no cost-effective
and readily available alternative for the item.� This bill would not alter the
existing waiver process for other polystyrene foam food service products under
State law.