APR Criticizes New Jersey’s Delay of Recycled Content Requirements for Food Packaging

The Association of Plastic Recyclers (APR) has criticized New Jersey’s decision to extend the temporary exemption for recycled content requirements covering food-contact packaging, arguing that the delay could weaken demand for postconsumer recycled (PCR) plastic and create uncertainty for U.S. recyclers.

On September 2, the New Jersey Department of Environmental Protection (NJDEP) announced that the exemption, originally scheduled to expire in January 2027, would be extended through December 31, 2029. NJDEP said the extension reflects concerns over the availability and scalability of food-grade recycled plastic for industry-wide requirements. The extension does not apply to plastic beverage containers or glass beverage containers, which remain subject to their existing recycled content requirements.

New Jersey’s Recycled Content Law was signed in 2022 and requires manufacturers to meet minimum postconsumer recycled content standards for certain containers and packaging products sold in the state. The requirements for regulated products began taking effect in 2024, while food packaging was subject to a separate temporary exemption.

APR said the broad extension is unnecessary because the law already provides a waiver mechanism for companies facing specific compliance challenges. The recycling industry association argued that a blanket delay could prolong reliance on virgin plastic and reduce the market demand needed to support investment in recycling infrastructure and capacity.

APR also raised concerns about the potential impact on recyclers that have invested in equipment, processing capacity and packaging-related product development in anticipation of increased demand for recycled content. The association said an extended compliance timeline could make it more difficult for recyclers to secure predictable markets for recovered plastic.

The organization called on New Jersey to restore the original implementation timeline and strengthen enforcement and transparency under t he existing law. Its recommendations include publishing updated information on manufacturers and their compliance status, enforcing penalties for noncompliance and providing greater transparency around approved waivers.

NJDEP, meanwhile, said its decision was based on an assessment that food-contact recycled content technology has not yet reached sufficient scale to support mandatory industry-wide requirements and that available food-grade PCR supply remains limited. The agency expects the availability of food-grade recycled material to improve by 2030.

The dispute highlights a broader challenge for the recycled plastics market: while recycled content mandates can create demand for recovered materials, food-contact applications face additional requirements related to material quality, supply and safety.

Source: The Association of Plastic Recyclers (APR)\

SUNSHINE Spotlight: New Jersey’s extension of its food-contact packaging exemption to 2029 has drawn criticism from APR, underscoring the tension between expanding PCR demand and the current limitations of food-grade recycled plastic supply.