New Jersey Assembly Bill A3552

New Jersey 2026-2027 Regular Session

• Introduced: 1/13/26
• Refer: 1/13/26

Caption

Prohibits sale, distribution, and import of certain products marketed as recyclable, unless DEP determines that products are widely recycled.

Impact

The bill significantly amends existing New Jersey state laws, particularly the Consumer Fraud Act, by introducing stricter regulations on the claims manufacturers and sellers can make about the recyclability of their products. Violators could face penalties of up to $20,000 for repeated offenses, alongside potential cease-and-desist orders. Moreover, the DEP will be tasked with conducting and updating studies every five years to keep the list of acceptable recyclable materials current, starting from January 1, 2024.

Summary

Assembly Bill A3552 is aimed at preventing the distribution and sale of products that make misleading claims about recyclability in the state of New Jersey. Under this bill, products or packaging that display the well-known 'chasing arrows' recycling symbol will only be permitted if the Department of Environmental Protection (DEP) determines that they are widely recyclable based on a thorough material characterization study. This study will identify which products and forms of packaging can genuinely be labeled recyclable and will establish a framework for managing how these products are marketed to consumers.

Contention

A point of contention within this proposed legislation includes the delineation of which products can be considered recyclable and the implications for manufacturers who may not comply. Critics may argue that these stringent regulations could increase costs for businesses or stifle innovation in packaging materials. Additionally, some stakeholders may dispute the criteria used by the DEP for determining what qualifies as recyclable, especially concerning products constructed from mixed materials or those containing harmful chemical substances.