Now that the single use bag ban has become law in New Jersey, the next environmental policy proposed in Trenton surrounds packaging. Sponsored by NJ State Senator Bob Smith, powerful chair of the Senate environment committee, this proposal establishes minimum recycled content requirements for rigid plastic containers, plastic beverage containers, glass containers, paper carryout bags, reusable carryout bags made of plastic film, and plastic trash bags sold in the state.
As an industry, many NJFC members are already committed to recycling standards and goals, including increasing recyclable content, minimizing packaging, or reusing material. The food and beverage industry are working to increase the recycling rates for packaged materials, and, investing in and supporting a national solution that addresses the underlying problems in the recycling markets.
Additionally, members and hundreds of other stakeholders partner with the Ellen MacArthur Foundation, which promotes a transition to a circular economy. This transition includes a commitment to increasing recycled content in packaging to an average of 25 percent by 2025. However, there is currently a shortage of post-consumer recycled materials, which makes it difficult for companies to meet these commitments.
Due to this proactive action by members and the challenges of the recycled content marketplace, we have legitimate concerns with this newly proposed government mandate.
First and foremost, food safety is a primary concern because packaging is designed differently for food. There are barriers to ensure the food remains fresh, and to prevent contaminants from getting into the food. Packaging also protects the food from damage or exposure to elements. Some food packages must be tested for years to ensure proper performance and prevention of microbial contamination. There is significant concern about potential contamination of post-consumer recycled material. Provisions to ensure food safety must be paramount in this legislation.
This extends to the potential contamination of post-consumer recycled material in certain beverage containers. Different types of beverages may require different containers to prevent spoilage. One area that is particularly unique is dairy, which is highly regulated. Grade A dairy products and manufacturing facilities that produce them are required to follow the Pasteurized Milk Ordinance. This is a critical beverage that provides important nutrition and is uniquely susceptible to spoilage and degradation. The packaging and processing of dairy should not be made significantly more difficult and expensive. All dairy products should be categorically exempt until there is technology that will ensure these products can be packaged safely and with FDA authorization.
Additionally, many shelf-stable beverages, such as non-refrigerated fruit and vegetable juices, are heated prior to being filled in containers to kill pathogens. Using a high percentage of post-consumer recycled content plastic in a bottle weakens the strength of the bottle, and it loses some of its rigidity. It is critical that the container withstand the hot filled temperature to prevent deformation and loss of the hermetic seal of the container, which could result in leakage and contamination. Based on these unique scientific factors, the legislation should exempt beverage containers utilizing the hot fill process.
With respect to other types of beverages, we recommend basing compliance with minimum recycled content requirements for beverage containers on national portfolio averages, as opposed to recycled content levels in individual containers. Beverage companies do not produce or warehouse beverages for just one state, rather beverages that are sold in New Jersey are produced all over the country. It would be extremely challenging for beverage manufacturers to certify an exact amount of recycled content in an individual container. Due to the complexity of beverage supply chains and inconsistent availability of recycled PET across a region, beverage manufacturers should be allowed to meet the recycled content requirements based on a national portfolio average.
Additionally, any state level recycling content legislation may conflict with the various federal laws and regulations governing packaging requirements, particularly the packaging requirements pertaining to microbial contamination, structural integrity, or safety of packaging under the FDA Food Safety Modernization Act. This issue must be thoroughly examined before legislation is approved.
Overall, it would be extremely difficult for manufacturers operating in national and global markets to create specific products to meet New Jersey standards and requirements.
We ask the legislature to take a methodical and deep review of food safety and FDA laws before any legislation advances on minimum recycled content.