USA EPR

Extended Producer Responsibility (EPR) for Packaging in New Jersey

Extended Producer Responsibility (EPR) for packaging in New Jersey is outlined in proposed legislation Bill S-3398, known as the "Packaging Product Stewardship Act." This legislation shifts the burden of managing post-consumer packaging waste from municipalities to producers. The bill aims to reduce landfill waste, promote recycling, and encourage sustainable packaging design. Current Status: As of February 2025, the bill has been referred to the Senate Budget and Appropriations Committee and is not yet enacted.

Who Must Register EPR in New Jersey

Producers of packaging products sold, offered for sale, or distributed in New Jersey must register, including:

• Manufacturers who own or license brands
• Importers bringing packaged items into the United States
• Commercial enterprises using packaging for remote sales/distribution
• First distributors of packaging products in the state

Exemptions: Small producers are exempt if they meet any of the following criteria:

• Nonprofit organizations
• Public entities
• Gross revenue less than $5 million for the most recent fiscal year
• Sold less than 1 metric ton of packaging products in New Jersey in the most recent calendar year
• Beverage manufacturers who sold less than 5 metric tons of packaging products
• Restaurants, food carts, or similar establishments selling ready-to-consume food
• Single retail establishments with no online sales and not part of a franchise or chain
• Registration typically involves joining a Producer Responsibility Organization (PRO) to comply collectively.

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What the Package Includes

The EPR program covers all types of packaging materials, including:

• Primary packaging (sales units at point of purchase)
• Secondary packaging (multi-unit grouping or branding)
• Tertiary packaging (transportation and distribution)
• Service packaging (carry-out bags, take-out containers, prescription bottles)
• Beverage containers
• Ancillary elements serving packaging functions
• Materials covered include paper, plastic, glass, metal, or combinations thereof. Single-use plastics are particularly targeted for reduction and recyclability goals.

Product Exemptions:

• Packaging containing drugs, dietary supplements, medical devices, or cosmetics
• Packaging for toxic or hazardous products regulated under federal law
• Packaging for hazardous materials shipment subject to federal specifications

Threshold

Small Producer Thresholds (exempt from requirements):

• Gross revenue less than $5 million annually
• Less than 1 metric ton of packaging products sold in New Jersey per year
• Beverage manufacturers with less than 5 metric tons of packaging products per year
• Qualifying nonprofit organizations, public entities, restaurants, and single retail establishments
• Any producer exceeding these thresholds is subject to EPR requirements regardless of sales volume.

EPR Registration Procedure in New Jersey

Timeline:

• Within 2 years of enactment: Producers must establish or join a Producer Responsibility Organization (PRO)
• Within 5 years of enactment: PROs must submit packaging product stewardship plans to the Department of Environmental Protection
• 120 days: Department review period for plan approval
• 90 days: Implementation period after approval

Process:

• Form or join an approved PRO (up to 10 PROs may be approved statewide)
• PRO submits draft plan to Advisory Council on Solid Waste Management for review
• Council provides written comments within 60 days
• PRO submits finalized plan to DEP within 120 days of receiving comments
• DEP approves, conditionally approves, or disapproves within 120 days
• Implementation begins within 90 days of approval

Non-compliance may result in sales prohibitions and penalties of $5,000-$10,000 per day.

Authorized Representative

A Producer Responsibility Organization (PRO) serves as the authorized representative for multiple producers, handling collective compliance. The Department may approve up to 10 PROs statewide. Individual producers may comply independently but must meet all the same requirements as PROs, including plan development, implementation, and reporting.

Reporting Deadline

Initial Plan Submission: No later than 5 years after enactment Annual Reports: PROs must submit annual evaluation reports including:

• List of participating producers and covered packaging products
• Collection, transportation, reuse, and recycling methods
• Total volume of packaging collected and processed
• Implementation costs (independently audited)
• Educational materials effectiveness evaluation
• Progress toward reduction and recycling targets

Plan Updates: Required every 5 years with full review and reapproval process

Performance Targets and Timeline

By January 1, 2032:

• 25% reduction in single-use packaging products by volume (using baseline from year prior to enactment) At least 10% of reduction achieved through reusable/refillable products or plastic elimination

By January 1, 2034:

• All packaging products must be either compostable or recyclable (as determined by DEP)

By January 1, 2036:

• 65% recycling rate for all packaging products

Who Assumes Responsibility?

Producers assume responsibility for:

• Full lifecycle costs of packaging (collection, transportation, recycling, disposal)
• Development and implementation of stewardship plans
• Consumer education and outreach programs
• Department oversight costs

Funding Mechanism:

• PROs raise revenue through fees imposed on member producers
• Fees proportional to packaging volume/weight and environmental impact
• Fee structure incentivizes sustainable packaging:
• Reusable/reused products: No fee
• Recycled content/recyclable/biodegradable: Lowest fees
• Virgin materials and non-biodegradable content: Higher fees
• Hazardous materials or recycling-preventing elements: Highest fees

State Surcharge: Beginning 6 years after enactment, annual surcharge up to $120 million total, distributed proportionally based on market share, deposited in the "Packaging Reduction and Recycling Fund"

Duties of Each Group

Producers:

• Join PRO or develop individual stewardship plan
• Fund plan implementation and meet performance targets
• Conduct public outreach and consumer education
• Provide annual data and comply with reporting requirements
• Cover proportional share of enforcement and infrastructure costs

Producer Responsibility Organizations (PROs):

• Develop and implement comprehensive stewardship plans
• Coordinate collection, recycling, and disposal systems
• Manage member fee collection and budget administration
• Conduct public education and stakeholder engagement
• Submit annual progress reports and plan updates
• Ensure antitrust exemptions for collaborative activities

Department of Environmental Protection:

• Conduct statewide needs assessments (updated every 5 years)
• Review and approve stewardship plans within 120 days
• Monitor compliance and performance against targets
• Enforce penalties ($5,000-$10,000 per day for violations)
• Administer the "Packaging Reduction and Recycling Fund"
• Operate the new Office of Plastics and Packaging Management with Inspector General

Office of Plastics and Packaging Management:

• Oversee administration and enforcement of packaging laws
• Inspector General coordinates with law enforcement agencies
• Provide annual reports on enforcement activities and penalties collected
• Liaison between executive branch and federal/local enforcement agencies

Advisory Council on Solid Waste Management:

• Review draft stewardship plans and provide comments within 60 days
• Coordinate between stakeholders and the department
• Act as regulatory clearinghouse for producer compliance
• Assess and recommend adjustments to recycling and reduction requirements
• Provide recommendations every 5 years (minimum) on improvements

Enforcement and Penalties

• Civil Administrative Penalties: $5,000-$10,000 per day of violation
• Court-Ordered Civil Penalties: Up to $10,000 per day

Additional Remedies:

• Administrative enforcement orders
• Injunctive relief
• Recovery of investigation and cleanup costs
• Public notification of non-compliant producers
• Sales prohibitions for non-participating producers
• All penalties collected are deposited into the "Packaging Reduction and Recycling Fund" for continued program administration and enforcement.

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