New Jersey's Plastics and Foam Bans: What's in Effect Now and What's Coming in 2026 and 2027

New Jersey has among the most comprehensive single-use plastic restrictions of any U.S. state. The framework combines a 2020 statute that took effect in 2022 with newer 2024 legislation that phases in additional restrictions through 2027 and 2028.

The Foundation Law

P.L. 2020, c.117 — Single-Use Paper and Plastic Bags and Polystyrene Foam Food Service Products Law, implemented by N.J.A.C. 7:26L. Effective since May 4, 2022.

Administering Agency

New Jersey Department of Environmental Protection (NJDEP), Division of Sustainable Waste Management.

What's Banned Since May 4, 2022

Retail and grocery stores cannot provide single-use plastic carryout bags. All retail outlets are covered.

Grocery stores of 2,500 square feet or larger cannot provide single-use paper bags. Reusable bags only.

Food service businesses cannot sell or provide polystyrene foam food service products including cups, plates, containers, trays, cutlery, and egg cartons.

Food service businesses cannot serve food in foam.

Plastic straws have been by-request-only since November 4, 2021.

Who Is Covered

The law applies broadly:

- Any "store" — grocery, convenience, liquor, pharmacy, retail - Any "food service business" — restaurants, cafes, delis, food trucks, theater concessions, institutional cafeterias including government-run

Current Foam Exemptions (Expire May 4, 2027)

Several specific foam exemptions are still in effect but expire on May 4, 2027:

- Raw and butchered meat and fish trays from refrigerated appliances - Food pre-packaged by the manufacturer in foam (including egg cartons) - Foam for health and safety use in hospitals, nursing homes, and correctional facilities

After May 4, 2027, these exemptions expire and the underlying foam restrictions apply.

Skip the Stuff Law (SB 3195 / P.L. 2024)

Effective August 1, 2026, food service businesses are prohibited from providing single-use utensils and condiments to customers except by request.

Online orders: utensils and condiments must be by request only. Self-serve condiment stations remain allowed.

August 1, 2027: bundled packages (e.g., a spork plus napkin plus ketchup packet provided together by default) are prohibited.

Exemptions: K-12 schools, licensed healthcare facilities, correctional facilities, and food courts (food courts until August 2028).

Penalties

First offense: written warning.

Second offense: up to $1,000 per day.

Third and subsequent offenses: up to $5,000 per day.

Each day is treated as a separate offense.

Reporting violations: 1-877-WARN-DEP.

Recycled Content Requirements

A separate set of requirements applies to rigid plastic containers:

- 10% recycled content starting 2024 - Rising to 50% recycled content by 2036

How ICTV Helps

For multi-site food service operators with New Jersey locations, the bag ban, foam ban, and Skip the Stuff restrictions combine into significant operational compliance work. ICTV provides documentation of material stream management at New Jersey sites and coordinates supplier transitions away from restricted materials toward compliant alternatives.

For producers selling packaging or food service products into New Jersey, the recycled content requirements compound the foam and plastic restrictions. Material stream documentation supporting recycled content claims becomes operationally important.