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At a Glance
- Plastic beverage containers and glass containers filled with a beverage are not included in this exemption, and the statutory requirements apply, unchanged, to these uses.
- Affected clients should use this extended compliance window to evaluate their packaging supply chains and engage with PCR suppliers to assess the feasibility of incorporating food-grade recycled content before the December 31, 2029, deadline.
The New Jersey Department of Environmental Protection (NJDEP) announced a significant extension of the food containers and packaging exemption under the state's Recycled Content Law, N.J.S.A. 13:1E-99.135 et seq. The exemption, originally set to expire on January 18, 2027, has been extended through December 31, 2029. This development provides meaningful relief for food product manufacturers and packagers subject to New Jersey's postconsumer recycled content (PCR) requirements.
Background
New Jersey's Recycled Content Law, effective January 18, 2022, mandates the use of postconsumer recycled content (PCR) in certain containers and packaging products. The law included a five-year exemption for regulated packaging and containers that contain food, as listed at N.J.S.A. 13:1E-99.144(b). Notably, plastic beverage containers and glass containers filled with a beverage are not included in this exemption, and the statutory requirements apply, unchanged, to these uses.
Reason for the Extension
The NJDEP cited three principal findings supporting its decision to extend the exemption:
- Technological limitations: Existing technologies for creating food-safe PCR are not yet at a scale to warrant mandatory adoption across the industry.
- Supply constraints: The limited availability of food-safe PCR restricts the ability of food product manufacturers to meet the PCR standards established by the law.
- Food quality concerns: Potential impacts to food quality could result from a large-scale mandate to include postconsumer recycled content in food packaging and containers before the technology advances.
The NJDEP expects that by January 1, 2030, food-grade PCR availability will be more robust and technological advancements will enable widespread and safe use of PCR in food packaging and containers. However, the agency has reserved the right to extend the exemption further as permitted by law.
Looking Forward
Affected clients should use this extended compliance window to evaluate their packaging supply chains and engage with PCR suppliers to assess the feasibility of incorporating food-grade recycled content before the December 31, 2029, deadline.
Further, given that the NJDEP's extension is grounded in the current state of food-safe PCR technology, companies should monitor advancements in food-grade recycled content that may affect the regulatory landscape.
