The New Jersey Department of Environmental Protection has extended the temporary exemption from the State’s postconsumer recycled content requirements for certain containers and packaging products that contain food through December 31, 2029.
The exemption had been scheduled to expire on January 18, 2027. The extension effectively gives affected food-contact packaging manufacturers nearly three additional years before the recycled-content requirements apply.
Affected food-contact packaging will remain temporarily exempt from New Jersey’s PCR-content requirements through the end of 2029. Unless the timeline changes again, the requirements would begin applying on January 1, 2030.
What Changed
New Jersey’s Recycled Content Law, signed in 2022, established minimum postconsumer recycled content standards for several types of containers and packaging products sold or offered for sale in the State.
The law originally provided a five-year temporary exemption for covered containers and packaging products containing food. NJDEP has now used its statutory authority to extend that exemption through December 31, 2029.
The extension does not apply to plastic beverage containers or glass containers filled with a beverage, which remain subject to their existing recycled-content requirements.
Why NJDEP Extended the Exemption
NJDEP identified several factors behind the decision.
- Existing technologies for producing food-safe postconsumer recycled material are not yet available at a scale that NJDEP believes would support mandatory industry-wide adoption.
- The agency cited limited availability of food-grade PCR as a constraint on manufacturers’ ability to meet the statutory requirements.
- NJDEP also raised concerns about potential impacts to food quality if recycled-content requirements were imposed broadly before additional technological development and testing occur.
According to the Department, the additional time is intended to allow for further research, testing, technology development, and expansion of the food-grade recycled-material supply.
What Does Not Change
The decision is an extension of a specific temporary exemption, not a repeal of New Jersey’s Recycled Content Law. Other regulated packaging categories remain subject to the law’s existing recycled-content schedules.
Manufacturers should also continue to review NJDEP’s registration and compliance-reporting requirements. The Department requires manufacturers of regulated containers and packaging products to register and, where applicable, submit annual compliance information.
What the Extension Means for the Industry
For food manufacturers and packaging companies covered by the exemption, the immediate effect is additional time to evaluate food-grade PCR availability, test packaging applications, work with suppliers, and prepare for future recycled-content requirements.
The extension also shifts a significant compliance milestone from 2027 to 2030. Companies with products sold in New Jersey should continue tracking both the availability of food-grade recycled material and any additional guidance issued by NJDEP as the new deadline approaches.
NJDEP has said it expects the availability of food-grade PCR to be more robust by January 1, 2030, while also retaining the ability to further extend the exemption if permitted under the law.
Looking Ahead
The next three years will provide an important test of whether food-grade PCR supply and processing capacity develop at the pace anticipated by the Department. The issue is likely to remain relevant for food manufacturers, packaging companies, recyclers, material suppliers, and other businesses affected by New Jersey’s recycled-content requirements.
GTB Partners will continue to monitor NJDEP implementation and other developments affecting New Jersey’s recycled-content and packaging policies.
NJDEP, September 2, 2026: Food Containers and Packaging Exemption Extension
