2. a. A manufacturer shall achieve compliance with the postconsumer recycled content requirements of this act based on the average amount of postconsumer recycled content, by weight or another metric, as determined by the department, contained in its products. A manufacturer shall calculate the average amount of postconsumer recycled content contained in its products using data specific to products sold or offered for sale in New Jersey, if such data are available. If a manufacturer demonstrates to the department that State-specific data are not available or feasible to generate, then the manufacturer may utilize national data to calculate the average amount of postconsumer recycled content contained in its products. The calculation of averages may be based on a manufacturer’s entire product line or separated into product sub-lines, provided that all of the manufacturer’s products are accounted for in the calculations.

b. If a manufacturer relies on national data to calculate the average amount of postconsumer recycled content contained in its products, the manufacturer shall:

(1) prorate the national data based on market share or population, to ensure that the percentage of postconsumer recycled content calculated for products sold in New Jersey is the same percentage as calculated for the nation; and

(2) document the methodology used to prorate the national data in the report required pursuant to paragraph (1) of subsection a. of section 14 of this act.

c. For the purposes of this section, “product” means a rigid plastic container, plastic beverage container, glass container, paper carryout bag, plastic carryout bag, or plastic trash bag that is subject to the postconsumer recycled content requirements of this act.

L.2021, c.391, s.2.