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New Jersey EPR Guide
Packaging Product Stewardship Act (S3398)
PRO
TBD — Bill in progress
Agency
NJ DEP
Exemption
TBD — Bill proposes threshold based on revenue
Fees
Fees not yet set — bill pending
Penalties
TBD — bill pending
Who is a “producer”?
Under S3398, 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 (consumer-facing)
- ✓Plastic containers and food service ware
- ✓B2B + B2C shipping/tertiary packaging
Not Covered / Exempt
- ✕Beverage containers under NJ bottle bill
- ✕Small producers (threshold TBD)
Special Exemptions
New Jersey has more generous exemption criteria than other states. A producer is exempt if ANY of the following apply:
- ✓Exemption thresholds still being defined in legislation
Key Deadlines
| Date | What's Due | Status |
|---|---|---|
| Dec 31, 2026 | S3398 legislative session target | FUTURE |
| Jul 1, 2027 | Potential enacted law effective date | FUTURE |
Official Resources
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