March 19, 2020
Dear Mayor:
As you know, we are in the midst of a public health crisis regarding the COVID-19
“coronavirus” that challenges residents, businesses, and severely strains resources. Food and
convenience stores are on the front lines of this crisis, and are working around the clock to meet
the unprecedented demands on the food supply chain.
Food retailers are working with their suppliers to address the shortages resulting from a
significant influx of customers buying additional products, which has resulted in the need for
additional carryout bags. We are therefore respectfully requesting municipalities with ordinances
restricting the use of single-use plastic and/or paper bags to suspend or freeze these ordinances
for the duration of this health emergency and for 30 days thereafter to enable our retailers to
respond to the increased food supply demands and restock compliant bags appropriately.
Governor Murphy recently signed Executive Orders 103 and 104 (the “Executive Orders”) which
addresses the spread and containment of COVID-19. In part, the Executive Orders provide that
in accordance with N.J.S.A. App. A:9-40, no municipality,
county, or other agency or political subdivision of this State
shall enact or enforce any order, rule, regulation, ordinance, or
resolution which will or might in any way conflict with any
provisions of this Order, or which will in any way interfere
with or impede the achievement of the purposes of this Order.
(Emphasis added)
It is currently unknown exactly how long COVID-19 can live on surfaces, such as reusable bags.
It has been reported that this coronavirus can survive on surfaces for 24-48 hours, and similar
viruses (SARS and MERS) are known to survive for up to nine days. At this time, reusable bags
could easily spread disease and their use should be temporarily discouraged until this crisis
passes.

 Thus, as it relates to local ordinances that would impede the ability for citizens to obtain goods
and/or that may inadvertently cause further community spread (i.e. requiring the use of reusable
bags), all towns should recognize that the Executive Orders supersede these potentially
detrimental local ordinances and prevent their enforcement until the Executive Orders are lifted.
Additionally, food retailers are having an urgent problem obtaining paper bags. The recent
change to the law in New York is already straining the ability of bag manufactures to meet the
new demand. New Jersey retailers have found that their bag manufacturers are not taking new
orders because they are at capacity, and cannot anticipate when this will be resolved. Retailers
are concerned that they could run out of paper bags within two weeks or less. Right now, this is
being exacerbated by a sharp increase in foot traffic because of people stockpiling necessities
due to the national crisis. We anticipate this increase in customers to continue since the Executive
Orders prevent residents from sitting down to meals at restaurants.
Because of these concerns, we strongly believe and request that municipalities with ordinances
restricting the use of single-use plastic and paper bags suspend or freeze local ordinances for the
duration of this health emergency and for 30 days after to enable our retailers to restock
appropriately. In the interim, retailers should be permitted to make the best decisions with the
goal of keeping both their employees and customers as safe and healthy as possible.
If we can provide additional information, please do not hesitate to contact us at 609-392-8899 or
via email at ldoherty@njfoodcouncil.com. Thank you for considering the views of the New
Jersey Food Council and the thousands of New Jersey food retailers that we represent in our
communities.
Sincerely,

Linda Doherty
President