New Jersey prohibits polystyrene foam food service products under NJSA 13:1E-99.126, banning foam clamshells, cups, trays, and similar items statewide effective May 2022.
The Get Past Plastic Act bans expanded polystyrene foam food service products, including clamshell containers, cups, plates, trays, and meat/seafood trays. The ban took effect May 4, 2022, alongside the plastic bag prohibition. Limited exemptions exist for prepackaged foods sealed prior to receipt by the food service business, butchers' meat trays, and items for which no commercially available alternative exists, subject to DEP waiver. Schools, hospitals, and food banks initially had longer compliance windows. Enforcement is conducted by DEP and municipal code officials with escalating civil penalties.
Enforcement begins with a written warning, followed by penalties up to $1,000 for the second offense and up to $5,000 per day for third and subsequent violations.
See how Somerville's polystyrene foam rules rules stack up against other locations.
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