Stores must take back reusable bags, paper bags OK for delivery under new N.J. proposal

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More than five months into New Jersey’s strict ban on plastic bags, a pair of state lawmakers are calling for an audible.

State Sens. Bob Smith, D-Middlesex, co-sponsor of the law to ban plastic bags, and Kristen Corrado, R-Passaic, introduced legislation Thursday that would look to solve the glut of reusable bags residents have amassed since the strict ban began in May.

The ban does not allow for plastic or paper bags to be sold in stores with grocery sections that are 2,500 square feet or larger, which includes most grocery store brands and big box stores like Target and Walmart.

In the months since the ban began, online shoppers have collected piles of reusable bags, which they are either provided with during each order or have to buy now that single-use plastic bags are prohibited and paper bags aren’t an option.

The new bill aiming to amend the ban, S-3114, would require stores in the state to take back excess reusable bags — which they must then reuse or recycle. It was unclear Friday if the stores would be required to refund customers for those bags, which can cost between $1 to $3. Smith and Corrado did not immediately respond for comment Friday afternoon.

The legislation — which officials said would impact delivery, pickup and curbside services — would also allow grocery stores to give customers the option of having their purchases delivered in cardboard boxes (similar to how some shoppers carry out items from Costco), dropped off in a container left out by the customer or in paper bags as long as they are made of 40% post-consumer recycled content. Paper bags would only be allowed for five years under the bill.

“We have seen over the last five months that the ban on single-use plastic bags has been a tremendous aid in reducing plastic waste and litter, including single-use plastic bags, Styrofoam packaging, and packing peanuts,” Smith said in a statement.

“However, it is evident that there is a glitch in the law when it comes to home delivery services, with residents accumulating excess reusable bags,” he added. “We want to rectify this issue for residents by providing additional options for grocery delivery packaging while we continue to develop more sustainable and practical alternatives.”

The bill would need to be passed by both the state Senate and Assembly before the governor could decide whether to sign it into law.

“This is an unworkable proposal that creates confusion and causes an inequity in the customer shopping experience,” Linda Doherty, president and CEO of the NJ Food Council, which represents about 1,400 supermarkets, independent grocers, and convenience stores, told NJ Advance Media in a statement Friday. “We believe any adjustments to the law are premature since the New Jersey Department of Environmental Protection has not promulgated rules yet nor has the Plastic Advisory Council charged in the law to review the implementation has announced their recommendations.”

Doherty said the success of the ban ban over the past five months has been overlooked. According to the NJ Food Council since the bag ban was implemented, 160 food retail locations have eliminated 1.1 million paper bags and 55 million plastic bags from the solid waste stream per month.

“If you extend those estimates to the ... grocery stores covered under the law,” Doherty added, “New Jersey has reduced paper shopping bag trash by 13.7 million paper bags per month and eliminated 688 million plastic shopping bags per month at New Jersey grocery stores.”

Spokespeople for Whole Foods, Walmart, Instacart — an online delivery service used by Wegmans, Kings, Aldi, Key Foods, and Save A Lot — and Shipt (delivers for Target and others) did not immediately provide comment Friday on the proposed solutions.

State Sen. Michael Testa, R-Cumberland, said last week that New Jersey should expand the options further and allow paper bags going forward regardless of store size. He could not be reached for comment Friday.

“The changes we are proposing will prevent people who use grocery services from being stuck with large numbers of reusable bags they don’t need while allowing additional packaging choices that are both convenient and environmentally friendly,” Corrado said in a statement.

Smith said additional options for customers made possible through the bill would give residents in the Garden State additional time to adapt to the law.

“With this bill in place, grocery stores, grocery delivery services and residents will all have more time to adjust to this change without hindering the State’s commitment to decreasing plastic waste and litter,” he said.

State officials continued to encourage residents to consider donating their reusable bags to New Jersey food pantries, which were granted a reprieve from the bag ban that lasts until Nov. 4.

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Steven Rodas may be reached at srodas@njadvancemedia.com. Follow him on Twitter @stevenrodasnj.

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