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PRESIDENT ’ S VIEW

PRESIDENT ’ S VIEW

NJ Bag Ban : Legislature Must Make This Key Fix

By Anthony Russo President , CIANJ

Much like customers in New Jersey , the business community is still navigating the complexities that came with the state ’ s wide-ranging single-use bag ban – but there could be good news on the horizon .

The Garden State ’ s new law has already eliminated more than 3 billion plastic bags and about 68 million paper bags from 2,000 grocery stores since the law went into force earlier this year , according to estimates from the New Jersey Food Council . That ’ s certainly good news . But still , with such a sweeping law , many challenges remain for both businesses and consumers .
Unfortunately , an important misstep was made when the law was enacted : the packaging for the thousands of New Jersey residents who have groceries and other essential goods delivered to their homes or ordered for pickup was overlooked . Along with banning single-use plastic bags , New Jersey went a step further and also banned all paper bags from supermarkets and big box retailers that sell groceries .
This differs from other states that didn ’ t end their use for these purposes .
The current result for New Jersey businesses is they have now replaced each single-use bag with reusable plastic ones for grocery delivery
orders – undermining the law ’ s well-intentioned environmental sustainability goals . The appeal of reusable bags is they are just that : reusable . But unlike an in-store shopping trip , consumers ’ items are already packed for them when they use curbside pickup or delivery – meaning they can ’ t reuse their bags for these orders . The supporters of the law could not have wanted a policy that essentially makes reusable bags viable for only one-time use , but that ’ s what has happened as retailers are left with no other alternative .
As a result , New Jersey residents who get these deliveries – parents who cannot find time to make it to the store , seniors who depend on home delivery , or essentially any other customer who now relies on the convenience of these delivery services – are inadvertently accumulating dozens , if not hundreds , of reusable plastic bags as they place their orders . Worse , these thicker totes use far more plastic and require being reused many times over compared to a standard single-use plastic bag to offset the energy needed to produce them . Nor are the reusable bags recyclable at curbside as paper bags would be , if they were permitted for deliveries from supermarkets . For ambitious legislation that already is making a huge impact in limiting single-use bags , this oversight undercuts so much of the positive impact intended by the law ’ s sponsors . Fortunately , lawmakers are considering fixing this problem and have introduced several bills to address the issue . One proposed bipartisan bill fix would allow customers to receive their groceries in paper bags either by delivery or curbside pickup – but only for a maximum of three years .
And it doesn ’ t really remedy this problem because it would apply differently to purchases inside and outside the store , and could introduce a complicated new system of sterilization and reuse that retailers and delivery platforms would be difficult and costly to implement . No other state has tried this approach because it remains unclear whether it would be environmentally beneficial or economically feasible . Other lawmakers have introduced simpler solutions , such as permitting paper bags for delivery and curbside pickup without these added complexities .
When state lawmakers passed the bag ban , they tasked a panel of experts , the Plastics Advisory Council , with monitoring the bag ban ’ s implementation and evaluating its effectiveness . Rather than rushing into misguided band-aid solutions , the Legislature should allow these experts to advise on how to navigate the difficult issue of eliminating single-use bags completely more thoughtfully , especially considering the growing need for delivery and curbside ordering . At least allowing a temporary reprieve that allows paper bags for delivery and curbside orders would prevent the overuse of reusable bags that people are currently experiencing while still reducing plastic waste .
The Legislature is taking the right step to fix some very real confusion and concerns with an otherwise landmark law . But in ending one problem , our senators and assembly members must take care to not create a whole new set of issues that will leave New Jersey residents and businesses equally baffled and , most importantly , will not eliminate as much waste as is truly possible .
Photo : Getty Images / iStockphoto / imagedepotpro
Photo : Getty Images / iStockphoto / kirin _ photo
Single use plastic bags must be replaced with reusable bags in New Jersey . Customers using home delivery are unable to re-use their bags .
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