New Jersey Assembly Bill A1554

New Jersey 2022-2023 Regular Session

• Introduced: 1/11/22
• Refer: 1/11/22

Caption

Prohibits sale, distribution, and import of certain products marketed as recyclable, unless DEP determines that products are widely recycled.

Impact

One significant aspect of A1554 is its mandate for the DEP to conduct material characterization studies to periodically assess and confirm which products can be legitimately marketed as recyclable. The first study is to be completed by January 1, 2024, with subsequent updates every five years. Products containing hazardous materials, such as perfluoroalkyl substances (PFAS), are explicitly excluded from being classified as recyclable. This shift is designed to improve public confidence in recycling practices while aiming to streamline the recycling process statewide.

Summary

Assembly Bill A1554 aims to enhance the standards for marketing and selling recyclable products in New Jersey. The bill prohibits the sale, distribution, and import of products that are falsely advertised as recyclable unless they meet specific criteria set forth by the Department of Environmental Protection (DEP). The legislation seeks to eliminate misleading recyclability claims, thereby protecting consumers and encouraging more responsible environmental practices. Notably, the bill introduces a stringent definition of 'recyclable', which requires products to be collected by curbside recycling programs that service at least 60 percent of the state's population.

Contention

Critics of the bill may raise concerns about the potential impacts on businesses and product lines that rely on recyclable labeling for marketing. The bill establishes penalties for violations under the Consumer Fraud Act; thus, companies could face significant legal and financial repercussions for misleading recyclability claims. The distinct criteria set by the DEP could also lead to confusion among both manufacturers and consumers regarding what items are genuinely recyclable, possibly resulting in market disruption. Additionally, the emphasis on robust data collection and public hearings may strain the resources of the DEP and local recycling facilities.