New Jersey Statewide Rule

Polystyrene Foam Food Service Ban in New Jersey

Some RestrictionsApplies statewide across New Jersey (2026)

Key Facts

Authority: Authority: NJSA 13:1E-99.126 et seq.
Effective Date: Effective date: May 4, 2022
Bans Eps Foam: Bans EPS foam clamshells, cups, plates, and trays
Limited Dep Waivers: Limited DEP waivers for products without alternatives
Civil Penalties Escalate: Civil penalties escalate with repeat violations

Last verified: September 5, 2026Source: Justia Law

Summary

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.

13:1E-99.129 Dispensing of polystyrene form food service products prohibited. 4. a. Beginning 18 months after the effective date of P.L.2020, c.117 (C.13:1E-99.126 et al.), no person shall sell or offer for sale in the State any polystyrene foam food service product. b. Beginning 18 months after the effective date of P.L.2020, c.117 (C.13:1E-99.126 et al.), no food service business shall provide or sell any food in a polystyrene foam food service product.

Source: Justia LawView official code

Full Breakdown

New Jersey's single-use plastics law (P.L. 2020, c.117) 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.

Violations & 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.

Frequently Asked Questions

Are foam coffee cups still legal in New Jersey?

No. Polystyrene foam cups for food service use are prohibited statewide under the Get Past Plastic Act, with narrow waiver-based exceptions.

What about prepackaged foods in foam containers?

Prepackaged foods sealed by the manufacturer before reaching the food service business are generally exempt from the foam ban.

Sources

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