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New Jersey: sustainable packaging labelling
New Jersey requires the traditional resin-identification code on covered rigid plastic packages and imposes minimum postconsumer recycled-content and registration duties on specified packaging. A current bill would separately restrict deceptive recyclability claims, but it has not been enacted.
Executive summary
New Jersey’s current packaging framework has two principal layers relevant to sustainable labelling. First, sections 13:1E-99.40 and 13:1E-99.41 require covered plastic bottles and rigid plastic containers to display the statutory resin-identification symbol. Second, the Recycled Content Law establishes minimum postconsumer recycled-content standards and administrative duties for specified containers, bags and other products.
These layers should not be collapsed. The resin code communicates material identity, while the recycled-content programme regulates composition and producer performance without creating a single consumer-facing certification mark. Senate Bill 630, introduced in the 2026-2027 session, would add a third layer governing recyclability representations. It remains proposed and should be monitored rather than treated as enacted artwork law.
Legal status at a glance
| Requirement | Status | Operational meaning |
|---|---|---|
| Covered plastic bottle or rigid container | mandatory mark | The package carries the prescribed 1-7 chasing-arrows resin-identification code under sections 13:1E-99.40 and 13:1E-99.41. |
| Specified covered packaging | mandatory programme duty | The recycled-content law establishes product-specific postconsumer-content standards, manufacturer registration, reporting and fees; it does not prescribe a universal consumer logo. |
| Recycled-content statement | claim-dependent | A voluntary statement must accurately reflect the package and should not be inferred solely from programme compliance. |
| Senate Bill 630 recyclability controls | proposed | The bill would restrict deceptive recyclability representations and regulate chasing-arrows imagery; it is not current law. |
Covered plastic packages
Section 13:1E-99.40 defines a plastic bottle as a rigid container made of thermoplastic material, with a neck smaller than the body and a capacity of at least 16 fluid ounces but less than five gallons. A rigid plastic container is a formed or molded thermoplastic package, other than a bottle, intended for a single use, with a capacity of at least eight ounces but less than five gallons. The definition also includes construction criteria, including a minimum wall thickness and an airtight or hermetically sealed design.
Classification must use the finished article rather than a marketing description. Record the package capacity, thermoplastic construction, wall thickness, closure characteristics and intended use. Flexible bags and containers outside the statutory boundaries do not become subject to section 13:1E-99.41 merely because a resin number could be applied.
Required resin code and sale control
Section 13:1E-99.41 prohibits sale, offer for sale or distribution of a covered bottle or rigid container unless it bears the appropriate code. The mark uses a number within an equilateral triangle of three clockwise arrows and the corresponding resin abbreviation beneath. Categories run from 1 PETE through 7 OTHER, including layered materials.
The symbol identifies the resin family; it is not a finding that the package is accepted or reprocessed in New Jersey recycling systems. Procurement should retain the resin declaration, mold specification and image of the final mark. Recycling claims and disposal instructions require a separate assessment of the complete package and collection conditions.
Recycled Content Law
New Jersey’s Recycled Content Law applies product-specific minimum postconsumer recycled-content standards to categories that include rigid plastic containers, plastic beverage containers, glass containers, paper and plastic carryout bags, and plastic trash bags. The percentage, measurement method, exemption route and phase date vary by category. Packaging should be classified against the statutory definitions and the Department of Environmental Protection’s current implementation materials.
The law uses manufacturer registration, annual reporting, fees and records to administer the standards. Compliance with a required percentage does not automatically require or authorise a recycled-content statement on the package. If a business chooses to state a percentage, the claim should match the relevant component, calculation period and evidence and should not imply that the whole product contains that percentage where it does not.
Manufacturer registration and responsibility
The recycled-content programme requires covered manufacturers to register with the New Jersey Department of Environmental Protection and submit the information required for their product categories. The statutory definition and agency materials should be used to identify the responsible manufacturer, including where brand ownership, licensing, importation or sale under another party’s name affects the analysis.
A packaging converter’s content certificate supports the calculation but does not complete the manufacturer’s registration and reporting obligations. The compliance file should connect purchase records and supplier declarations to the products introduced into the state and preserve the methodology used for each reporting period.
Proposed recyclability-claim restrictions
Senate Bill 630 was introduced on 13 January 2026 and referred to the Senate Environment and Energy Committee. The bill would make specified recyclability representations unlawful unless statutory conditions are satisfied and would address the impression created by the chasing-arrows symbol. Its introduced text includes access-based concepts and amendments to the existing resin-code framework.
The proposal is not enacted. Its thresholds, exceptions, transition rules and final wording may change during the legislative process. Teams may use the bill for horizon scanning and design-risk analysis, but they should not describe its proposed standard as a present New Jersey requirement or assign it a mandatory compliance date.
Claims and neighbouring regimes
Current voluntary claims remain subject to the FTC Green Guides and New Jersey’s general consumer-protection rules. A resin code required by section 13:1E-99.41 should be presented as material identification. Surrounding words, larger arrows or an unqualified “recyclable” statement can communicate a broader claim that requires evidence concerning collection, sorting and reprocessing access.
Likewise, compliance with a minimum recycled-content percentage is not evidence that the package is recyclable, compostable or environmentally preferable overall. Each statement should have a defined object, denominator, measurement period and supporting record. Qualifications should be clear and close to the claim.
Enforcement and practical consequences
The Department of Environmental Protection administers the recycled-content programme, including registration, reporting, exemptions and compliance oversight. Statutory penalties and corrective measures depend on the violated provision. Failure to register or satisfy an applicable content standard should be distinguished from an inaccurate voluntary marketing statement.
The resin-code sales prohibition reaches packages offered or distributed in the state. Inventory controls should therefore identify affected stock before release. Consumer-protection authorities may separately address deceptive representations, and the Federal Trade Commission retains authority over interstate environmental marketing.
Practical artwork and programme checklist
Classify the finished plastic package under the bottle and rigid-container definitions, confirm the actual resin and inspect the 1-7 code. Separately determine whether the product falls within a Recycled Content Law category, identify the responsible manufacturer, confirm registration, calculate the applicable percentage and retain reporting evidence. Review every voluntary claim independently and track Senate Bill 630 as proposed rather than enacted.
Primary sources and verification
New Jersey Legislature. Legislative statutory-download portal for Title 13. Official statutes portal
New Jersey Statutes. Section 13:1E-99.40, plastic-package definitions. Current consolidated text
New Jersey Statutes. Section 13:1E-99.41, resin-identification requirement. Current consolidated text
New Jersey Department of Environmental Protection. Recycled Content Law programme. Official programme page
New Jersey Department of Environmental Protection. Manufacturer information and registration. Official compliance guidance
New Jersey Legislature. Senate Bill 630 (2026-2027), introduced text. Official bill PDF
Federal Trade Commission. Guides for the Use of Environmental Marketing Claims, 16 C.F.R. Part 260. Official Green Guides
Federal Trade Commission. Environmental Claims: Summary of the Green Guides. Business guidance
The applicable recycled-content category and phase date should be checked against current NJDEP materials. S.630 remains proposed unless enacted. Last verified: 21 August 2026.