13:1E-99.129 Dispensing of polystyrene form food service products prohibited.
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4. a. Beginning 18 months after the effective date of P.L.2020, c.117 (C.13:1E-99.126 et al.), no person shall sell or offer for sale in the State any polystyrene foam food service product.
b. Beginning 18 months after the effective date of P.L.2020, c.117 (C.13:1E-99.126 et al.), no food service business shall provide or sell any food in a polystyrene foam food service product.
c. The following products shall be exempt from the provisions of subsections a. and b. of this section for a period of two years beginning 18 months after the effective date of P.L.2020, c.117 (C.13:1E-99.126 et al.):
(1)disposable, long-handled polystyrene foam soda spoons when required and used for thick drinks;
(2)portion cups of two ounces or less, if used for hot foods or foods requiring lids;
(3)meat and fish trays for raw or butchered meat, including poultry, or fish that is sold from a refrigerator or similar retail appliance;
(4)any food product pre-packaged by the manufacturer with a polystyrene foam food service product; and
(5)any other polystyrene foam food service product as determined necessary by the department.
d. The department may extend any exemption provided for in subsection c. of this section for additional periods not to exceed one year upon a written determination that there is no cost-effective and readily available alternative for the item. An exemption shall expire after one year unless the department extends the exemption pursuant to this subsection.
e. The department may, upon written application by a person or food service business, waive the provisions of subsection a. or b. of this section for the person or food service business for a period not to exceed one year, if:
(1)there is no feasible and commercially available alternative for a specific polystyrene foam food service product; or
(2)the person or food service business has less than $500,000 in gross annual income and there is no reasonably affordable, commercially-available alternative to the polystyrene foam food service product.
The department shall prescribe the form and manner of the application for a waiver pursuant to this subsection. The department may, upon written application, extend any waiver granted pursuant to this section for additional periods not to exceed one year.
f. A municipality or county shall not adopt any rule, regulation, code, or ordinance concerning the regulation or prohibition of polystyrene foam food service products after the effective date of P.L.2020, c.117 (C.13:1E-99.126 et al.).
g. Beginning 18 months after the effective date of P.L.2020, c.117 (C.13:1E-99.126 et al.), this section shall supersede and preempt any municipal or county rule, regulation, code, or ordinance concerning the regulation or prohibition of polystyrene foam food service products that was enacted prior to the effective date of P.L.2020, c.117 (C.13:1E-99.126 et al.).
L.2020, c.117, s.4.