New Jersey has extended an exemption from recycled content requirements for certain food-contact packaging until the end of 2029, citing limited availability of food-grade post-consumer recycled (PCR) plastics.
The New Jersey Department of Environmental Protection (DEP) extended the exemption from 18 January 2027 to 31 December 2029 in a statement issued on 2 September. The requirements for the affected food-contact packaging will, therefore, not apply until 2030.
New Jersey’s 2022 recycled content law requires plastics beverage containers to contain at least 15 per cent PCR content, while glass containers must contain at least 25 per cent, and paper and plastics carrier bags at least 20 per cent. These minimum requirements are scheduled to increase over time.
The original law gave food-contact packaging a five-year exemption, with the DEP stating that the legislation allows it to extend that exemption for up to another five years.
Mandatory adoption
The department said research had found that technologies for producing food-safe PCR were not yet available at a scale that would support mandatory adoption across the industry.
It also cited limited availability of food-safe PCR as a constraint for food manufacturers seeking to meet the requirements, as well as concerns about the potential impact on food quality from a large-scale mandate.
‘Extending this exemption will grant allowable time for the necessary technological development, research, and testing to occur,’ the department said in its statement, adding that it expects the availability of food-grade PCR to be more robust by 2030.
The Association of Plastic Recyclers (APR) criticised the decision, saying it discounted the existing use and availability of PCR content and its environmental and economic benefits.
Safely used for three decades
The APR said recycled plastics had been safely used in food-contact applications for more than 30 years.
It also argued that companies had already had five years to prepare for the requirements and that the law’s waiver process provided a way for companies facing specific compliance difficulties to seek relief.
‘The targeted waiver process makes a blanket delay unnecessary,’ an APR statement asserted.
The group said the extension could also have economic consequences for US recyclers that had invested in equipment, capacity and operations in anticipation of increased demand for recycled content.
‘Changing the timeline risks leaving recyclers with stranded assets while packaging companies continue using new plastics instead of recycled materials collected from local communities,’ APR added.
Stakeholder engagement concerns
It also raised concerns about the process behind the decision, saying the change had been made without an opportunity for public comment or meaningful stakeholder engagement.
The APR has called on New Jersey to reverse the extension and retain the original implementation date.
The group also wants the state to strengthen enforcement and transparency, including publishing an updated list of manufacturers and their compliance status, enforcing penalties for non-compliance and providing greater transparency around the basis for approved waivers.
More than 30 producers, including major consumer packaged goods companies, had received two-year compliance waivers before the latest exemption was announced.
