"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

• Registration is required beginning July 18, 2022, and annually thereafter. Beginning June 2023, the Department will be accepting 2023 registrations on a rolling basis through the end of the year.
• 2023 Registration is now open and will remain open through December 31, 2023. To learn more about registration requirements and to begin registering, please visit Manufacturer Registration for New Jersey's Recycled Content Law.

• Manufacturers are required to begin registering as of July 18, 2022, and annually thereafter.
• Standards for all regulated containers and packaging products begins January 18, 2024
• Manufacturers are required to submit first-year compliance reports by July 18, 2025, and annually thereafter.
• 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%

Exemptions to the minimum recycled content requirements include:

• Milk products, including plant-based products with names that include the names of dairy foods such as "milk"
• Medical food
• Food for special dietary use
• Infant formula

A package or container that contains food shall be exempt from the postconsumer recycled content requirements of this act for a period of five years (expires 2027).

• A manufacturer may pay a $1,000 waiver fee, unless exempt, and apply to the department for a waiver from the postconsumer recycled content requirements established pursuant to this Act.
• Manufacturers are exempt from the waiver fee if they demonstrate to the department that the manufacturer's gross revenue is below $5,000,000.
• The department may grant a waiver pursuant to this section if the manufacturer demonstrates, and the department finds, in writing that:

  • 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 comply with the postconsumer recycled content requirements due to inadequate availability of recycled material or a substantial disruption in the supply of recycled material.

  • The manufacturer cannot comply for another reason as determined by the department pursuant to rule, regulation, or guidance.

• Please submit the Waiver Application to the Department via email at recycledcontent@dep.nj.gov.

• "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