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New Jersey EPR Guide

Packaging Product Stewardship Act (S3398, 0)

Bill Introduced — Not Yet Law
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:

  1. 1Brand owners selling packaged products into New Jersey
  2. 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)

Key Deadlines

DateWhat's DueStatus
Dec 31, 2026S3398 legislative session targetFUTURE
Jul 1, 2027Potential enacted law effective dateFUTURE

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

Official Resources

NJ DEPnj.gov/depCAA New Jersey Portal

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