An Act concerning the definition of litter-generating products, and amending P.L.2002, c.128.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 3 of P.L.2002, c.128 (C.13:1E-215) is amended to read as follows:

3. As used in the provisions of P.L.2002, c.128 (C.13:1E-213 et al.):

a. "Department" means the Department of Environmental Protection.

b. "Division" means the Division of Taxation in the Department of the Treasury.

c. "Director" means the Director of the Division of Taxation in the Department of the Treasury.

d. "Litter" means any used or unconsumed substance or waste material which has been discarded, whether made of aluminum, glass, plastic, rubber, paper, or other natural or synthetic material, or any combination thereof, including, but not limited to, any bottle, jar or can, or any top, cap or detachable tab of any bottle, jar or can, any unlighted cigarette, cigar, match or any flaming or glowing material or any garbage, trash, refuse, debris, rubbish, grass clippings or other lawn or garden waste, newspapers, magazines, glass, metal, plastic or paper containers or other packaging or construction material, but does not include the waste of the primary processes of mining or other extraction processes, logging, sawmilling, farming or manufacturing.

e. "Litter-generating products" means the following specific goods which are produced, distributed, or purchased in disposable containers, packages or wrappings; or which are not usually sold in packages, containers, or wrappings but which are commonly discarded in public places; or which are of an unsightly or unsanitary nature, commonly thrown, dropped, discarded, placed, or deposited by a person on public property, or on private property not owned by that person:

(1) Beer and other malt beverages;

(2) Cigarettes and tobacco products;

(3) Cleaning agents and toiletries;

(4) Distilled spirits;

(5) Food for human or pet consumption;

(6) Glass containers sold as such;

(7) Groceries;

(8) Metal containers sold as such;

(9) Motor vehicle tires;

(10) Newsprint and magazine paper stock;

(11) Drugstore sundry products, but not including prescription drugs or nonprescription drugs;

(12) Paper products and household paper, but not including roll stock produced by paper product manufacturers, corrugated containers sold by the manufacturer of such containers, and wood pulp;

(13) Plastic or fiber containers made of synthetic material and sold as such, but not including any container which is routinely reused, has a useful life of more than one year and is ordinarily sold empty at retail;

(14) Soft drinks and carbonated waters; and

(15) Wine.

f. "Litter receptacle" means a container suitable for the depositing of litter.

g. "Municipality" means any city, borough, town, township or village situated within the boundaries of this State.

h. "Person" means any individual or business concern.

i. "Public place" means any area that is used or held out for use by the public, whether owned or operated by public or private interests.

j. "Recycling" means any process by which materials which would otherwise become solid waste are collected, separated or processed and returned to the economic mainstream in the form of raw materials or products.

k. "Sold within the State" or "sales within the State" means all sales of retailers engaged in business within the State and, in the case of manufacturers, wholesalers and distributors, all sales of products for use and consumption within the State. It shall be presumed that all sales of manufacturers, wholesalers and distributors sold within the State are for use and consumption within the State unless it is determined by the director that the products are shipped out of State for out-of-State use.

(cf: P.L.2002, c.128, s.3)

2. This act shall take effect immediately.

STATEMENT

This bill clarifies that corrugated containers that are sold by the manufacturer of such containers would not be included in the definition of "litter-generating products" under the "Clean Communities Program Act." Thus, those sales would not be subject to the user fee imposed under the act.