11. a. A manufacturer may apply to the department for a waiver from the postconsumer recycled content requirements established pursuant to this act. The department may grant a waiver pursuant to this section if the manufacturer demonstrates, and the department finds, in writing, that:

(1) the manufacturer cannot achieve the postconsumer recycled content requirements and remain in compliance with applicable rules and regulations adopted by the United States Food and Drug Administration, or any other State or federal law, rule, or regulation;

(2) it is not technologically feasible for the manufacturer to achieve the postconsumer recycled content requirements;

(3) the manufacturer cannot comply with the postconsumer recycled content requirements due to inadequate availability of recycled material or a substantial disruption in the supply of recycled material; or

(4) the manufacturer cannot comply for another reason as determined by the department pursuant to rule, regulation, or guidance.

b. In order to qualify for a waiver from the postconsumer recycled content requirements of this act, a manufacturer shall submit to the department documentation from a federal or State agency or certified third-party expert, as appropriate, demonstrating that the manufacturer cannot comply with the postconsumer recycled content requirements for one of the reasons set forth in subsection a. of this section, and pay a $1,000 waiver fee. The department may modify the amount of the waiver fee, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C. 52:14B-1 et seq.), as necessary to reflect the department’s costs to administer, monitor, and enforce the provisions of this section. Notwithstanding the provisions of this subsection to the contrary, a manufacturer that demonstrates to the department that the manufacturer’s gross revenue is below $5,000,000 shall not be required to pay the waiver fee established pursuant to this section.

c. The department may grant a waiver from the postconsumer recycled content requirements for a period of not less than two years, as determined by the department. The department shall publish any determination to grant a waiver from the postconsumer recycled content requirements on its Internet website. The department shall develop a standardized form and procedure for manufacturers to apply for a waiver pursuant to this section.

L.2021, c.391, s.11.