"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.

"Licensee" means a manufacturer or entity who licenses a brand and manufactures a product under that brand

Manufacturers are required to register and report compliance data during the Registration and Compliance Reporting Period, which takes place annually from September 1 to December 31 through the NJDEP’s Online Business Portal.

• The initial registration service and the annual renewal service are both currently closed and will reopen on September 1, 2025.

The following graphics demonstrate the link between the registration and compliance reporting requirements and how they interact with each other on an annual basis.

Registration:

• All rigid plastic containers, plastic beverage containers, glass containers, paper and plastic carryout bags, and plastic trash bags that are subject to the law must be registered with the NJDEP.
  • As of July 18, 2022, registration is an annual requirement, unless the manufacturer meets the criteria for exemption from annual registration.
• Information regarding manufacturer registration can be accessed here.

Compliance:

• Beginning in 2025, manufacturers are required to certify to the NJDEP that all regulated containers and packaging products that are 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 or are otherwise exempt or have been approved for a waiver from the requirements.
• The NJDEP has developed a compliance reporting form that is to be completed and submitted as part of each manufacturer’s annual registration. Compliance reporting data must reflect the regulated containers or packaging products that were sold or offered for sale in New Jersey during the previous calendar year.
• Information regarding compliance reporting can be accessed here.

2024 Registered Manufacturers:

• The NJDEP is updating the list of registered manufacturers. This list will be posted once it is finalized.
• If you have submitted a registration for the 2023 cycle, but not 2024, you may not be in compliance with the registration requirements of the law and could be subject to enforcement action. Please contact the NJDEP at recycledcontent@dep.nj.gov for more information regarding your compliance status.
• List of Registered Manufacturers for 2024 - updated June 3, 2025

• Frequently Asked Questions on New Jersey's Recycled Content Law

• Rigid plastic container - "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.
• Plastic beverage container - "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.
• Glass container - "Glass container" means a container made of glass that is filled with a food or beverage
• Paper carryout bag - "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.
• Plastic carryout bag - "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 - "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.

• Rigid plastic container - Requires, on average, at least 10% recycled content starting 2024, increasing by 10% every three years thereafter, to 50% by 2036.
• Plastic beverage container - Requires, on average, at least 15% recycled content starting 2024 increasing by 5% every three years thereafter, to 50% by 2045. Exception for bottles utilizing a hot-fill process which are required to achieve at least 30% recycled content
• Glass container - Requires, on average, at least 35% recycled content by 2024. Exception for containers comprised of at least 50% mixed color cullet which are required to achieve at least 25% recycled content
• Paper carryout bag - Requires, on average, at least 40% recycled content by 2024. Exception for bags manufactured to hold 8lb or less which are required to achieve at least 20% recycled content.
• Plastic carryout bag - Requires, on average, at least 20% recycled content by 2024 increasing to 40% recycled content starting 2027.
• Plastic trash bag - Recycled content requirements are tiered based on the bags thickness, as outlined below:
  2024:

  0.7 mils - > 0.8 mils	0.8 mils - > 1.0 mils	>= 1.0 mils
  5%	10%	20%

  2027:

  0.7 mils - > 0.8 mils	0.8 mils - > 1.0 mils	>= 1.0 mils
  10%	20%	40%

• A manufacturer that meets one or more of the following criteria may apply for a waiver from the postconsumer recycled content requirements:
  • The manufacturer cannot achieve the postconsumer recycled content requirements and remain in compliance with applicable rules and regulations adopted by the United State Food and Drug Administration, or any other State of Federal law, rule, or regulation.
  • It is not technically feasible for the manufacturer to achieve the postconsumer recycled content requirements.
  • The manufacturer cannot achieve the postconsumer recycled content requirements due to the inadequate availability of recycled material or a substantial disruption of recycled material.
• Manufacturers must be registered with the NJDEP in order to submit a waiver application.
• Waiver applications include a $1,000 waiver fee unless the manufacturer demonstrates that their gross global revenue is below $5,000,000.
• To apply for a waiver, please submit the Waiver Application to the NJDEP via email at recycledcontent@dep.nj.gov.

• List of Approved Waivers pursuant of New Jersey's Recycled Content Law.

• "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
• "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.

• "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.

For questions or inquiries regarding New Jersey's Recycled Content Law, please reach out to recycledcontent@dep.nj.gov