Under NJ P.L. 2020 c. 117, polystyrene foam food service products — clamshells, cups, plates, trays — were banned statewide effective May 4, 2022. Newark restaurants and food vendors must use compostable, paper, or recyclable alternatives.
Alongside the plastic and paper bag bans, NJ §13:1E-99.126 prohibits the sale and distribution of polystyrene foam food service products. This covers clamshell containers, foam cups, plates, bowls, trays, and meat/seafood trays. A two-year temporary waiver provision was available for small businesses showing financial hardship, but most expired in 2024. Limited exceptions remain for raw butcher meat trays, prepackaged food sealed before NJ entry, and certain medical uses. Newark food trucks, restaurants, schools, and institutional cafeterias must use approved alternatives. NJ DEP publishes the compliance guidance.
Warning first offense, $1,000 second, $5,000 third+ per day. Newark Health Department conducts inspections during routine restaurant visits and issues parallel citations.
See how Newark's polystyrene foam rules rules stack up against other locations.
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