New Jersey Advances Vape EPR Bill to Force Producer Recycling

Sea Bright New Jersey Vape Store Ban THC Sales Ban

The New Jersey Legislature has moved Senate Bill 681 past the Senate Environment and Energy Committee, sending the measure to the budget committee. The legislation requires e-cigarette producers to establish and finance statewide recycling programs for vaporizers and their batteries.

The push comes as waste management operators report growing numbers of fires in collection trucks, transfer stations, and sorting plants. Discarded lithium-ion batteries inside single-use devices easily ignite when crushed by standard processing equipment, while residual nicotine leaks into municipal waste streams.

Producer Responsibilities and Retail Collection Mandates

Under SB 681, manufacturers must form a producer responsibility organization (PRO) and submit an operational stewardship plan to the New Jersey Department of Environmental Protection (DEP). The plan must establish accessible disposal options across every county.

  • Geographic Access: At least one drop-off site per county, ensuring 90% of residents live within 15 miles of a site.
  • Retailer Participation: Vape retailers must integrate collection boxes inside stores within three years of plan approval.
  • Incentive-Based Fees: Regulators will charge producers variable rates based on device volume and recyclability.

The fee structure incorporates ecomodulation, reducing costs for companies that manufacture reusable hardware or integrate recycled materials into their units.

“That makes a lot of sense for this particular product, since so many of these are single use. It makes sense to incentivize reusable ones,” said Hanz Atia, senior associate for policy and programs at the Product Stewardship Institute.

Growing State Action on E-Cigarette Waste

New Jersey is among several states pursuing legislative action against electronic cigarette waste:

  • Maine: Enacted the first state-level vape EPR law in the United States.
  • California: Enacted measures banning battery-embedded disposable vapes starting in 2027 while updating proper disposal rules.
  • Illinois: Preparing to reintroduce an updated vape EPR bill during its upcoming legislative session.

Supporters emphasize that local municipalities currently lack the resources to handle combustible, hazardous vape pens. If passed before the legislative session concludes, New Jersey will enforce the nation’s second producer-funded recovery framework.

Matthew Ma
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