Ban on Plastic Bags and Foam Food Service Products
Overview The New Law, P.L. 2020, c.117, becomes effective on May 4, 2022.
The law bans the provision or sale of all single-use plastic carryout bags and polystyrene foam food service products, single-use paper carryout bags in groceries equal to or larger than 2500 sq. ft. and limits plastic straw distribution to by-customer-request-only as of November 4, 2021. This is a statewide ban that applies to all retail, grocery stores, and food service businesses, from restaurants, delis, coffee shops to food trucks and cafeterias.
How Does This Law Impact My Business?
Ban on Single-Use Carryout Bags:
Beginning May 4, 2022, the law prohibits all Stores (including retail), Food Service Businesses, and Grocery Stores from selling to, or providing their customers with, single-use plastic carryout bags. In addition, Grocery Stores larger than 2,500 square feet may not provide or sell single-use paper carryout bags, and instead may provide or sell only reusable carryout bags.
"Store" is any grocery store, convenience store, liquor store, pharmacy, drug store, or other retail establishment.
"Food Service Business" sells or provides food for consumption on or off the premises, including, but not limited to, establishments such as a restaurant, café, delicatessen, coffee shop, convenience store, grocery store, vending truck or cart, food truck, movie theater, or business or institutional cafeteria, including those operated by a government entity.
"Grocery Store" is a self-service retail establishment that occupies at least 2,500 square feet, and that sells household foodstuffs for off-site consumption, including but not limited to fresh produce, meat, poultry, fish, deli products, dairy products, canned foods, dry foods, beverages, baked foods, or prepared foods.
Reusable Carryout Bags:
A "reusable carryout bag" must be:
Made of polypropylene fabric, PET nonwoven fabric, nylon, cloth, hemp product, or other washable fabric; and