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New Jersey EPR Guide
Packaging Product Stewardship Act (S673 / A3744 + S614)
PRO
TBD — bills in committee
Agency
NJ DEP
Exemption
Under $5M gross revenue OR less than 1 metric ton of covered products (S673 small-producer definition)
Fees
Fees not yet set — bill pending
Penalties
TBD — bill pending
Who is a “producer”?
Under S673 / A3744 + S614, a “producer” is determined in the following order of responsibility:
- 1Brand owners selling packaged products into New Jersey
- 2Licensees and importers
What's covered
Covered
- ✓Single-use packaging (incl. tertiary/protective transport packaging — S673 def)
- ✓Plastic containers and food service ware
- ✓Tertiary/shipping packaging (incl. protective transport packaging — S673 def)
Not Covered / Exempt
- ✕Refillable kegs (alcoholic beverages) and refillable water-cooler jugs (S673 def)
- ✕Small producers: <$5M gross OR <1 ton OR <$5M-and-<5t beverage producers (S673 def)
Special Exemptions
New Jersey has more generous exemption criteria than other states. A producer is exempt if ANY of the following apply:
- ✓Small producers per S673 def — incl. nonprofits, public entities, restaurants/food carts, single retail establishments; DEP may add market-share exemptions by rule
Key Deadlines
| Date | What's Due | Status |
|---|---|---|
| Jan 12, 2028 | 2026–2027 session ends — S673/A3744/S614 must pass by then or be refiled | FUTURE |
Official Resources
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