NJ Dems Praise Retail Packaging Bill; GOP Lawmaker Calls It ‘Stupid’

ESSEX COUNTY, NJ — A proposed New Jersey law aims to slow the flow of packaging waste being created by online retailers, its supporters say.

The bill, A-2235, was released in the Assembly Environment and Solid Waste Committee earlier this month by a 4-3 vote. It now heads to the Assembly Speaker for further consideration. Read the full text here.

According to Assemblyman John McKeon (District 27), who represents towns in Essex and Morris counties, here’s what A-2235 will do if it becomes law:

“The bill would prohibit large online retailers and major retailers in New Jersey from using shipping boxes that are more than two times the volume of the items being shipped. Under the bill, retailers who do not comply would be subject to fines ranging from $250 to $500 for each offense.”

It would apply to large online retailers that have annual gross sales equal to or greater than $1 million in or into the state, and "major retailers" that occupy at least 75,000 square feet and have 50 or more employees.

McKeon and the bill’s other primary sponsor, James Kennedy (District 22), issued a joint statement of support for the proposed law, noting that it’s not a small problem that they’re trying to solve:

“Many retailers use large boxes filled with air pillows or other packing materials to ship their items, but this is not a sustainable practice as it generates a significant amount of waste. In 2020, the e-commerce industry produced approximately 2.9 billion pounds of plastic waste.”

“Earlier this year, I ordered a ‘Baby on Board’ magnet for my granddaughter and, although the magnet itself could have easily fit in an envelope, it arrived in a box at least 20 times its size full of packing materials,” McKeon said.

“We have to address the fact that online shopping is the source of a significant amount of packaging waste,” the assemblyman continued. “Instead of using an oversized box and filling it with packing materials that will end up in a landfill or find their way into our oceans, this bill asks retailers to minimize waste by using shipping boxes that are appropriately sized.”

“While recycling is part of the solution, the best way to reduce our carbon footprint is to reduce the amount of cardboard and waste we produce,” McKeon added.

• See related article: NJ Plastic Bag Ban Begins; How Will It Affect Businesses?
  
• See related article: Most 'Recycled' Plastic In Newark Ends Up Being Burned, Report Says

Kennedy said that while it’s convenient to have items shipped straight to our doors, the impact on the environment is cause for “serious concern.”

“By implementing this policy, we can make sure retailers are more thoughtful when packaging their items for transportation and make progress on our environmental protection goals,” Kennedy said.

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The Democratic lawmakers have seen objections from at least one of their Republican peers in the Legislature, however.

Assemblyman Brian Bergen called the bill “stupid” in a social media post, saying that it has been railroaded through the Legislature and is unenforceable.

“This is horrendous piece of legislation,” Bergen said. “It’s obviously not well-thought out; there are just an unimaginable amount of examples for ways in which this can’t possibly work.”

Patch readers have offered mixed opinions about the proposed law. As seen in the comments section of a previous article:

• “Are you serious? Why are we wasting time and energy on this nonsense? Always trying to screw the small businesses with ridiculous regulations.”
• “I hope this passes but I would like all companies shipping things to have to conform. I get catheters from US Med that Bard insists on putting 12 to a box. I get a shipment of 600 every three months...what a waste!”
• “Just stop, packing material nowadays is mostly recyclable. And your big box was so your magnet didn't get jammed up in the machinery and lost in delivery. Boxes are recyclable also.”
• “A company should know how to package a product with limited packaging and still have the product arrive undamaged.”

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