Section 13:1E-99.143 - Adjustment of postconsumer recycled content requirements, authoritya. Notwithstanding the provisions of this act to the contrary, the department may, pursuant to the "Administrative Procedure Act," P.L. 1968, c.410 (C.52:14B-1 et seq.), review and adjust any of the postconsumer recycled content requirements established in sections 3 through 8 of this act. In making an adjustment pursuant to this section, the department shall consider:(1) changes in market conditions, including supply and demand for postconsumer recycled content, collection rates, and bale availability both domestically and globally;(2) recycling rates, as may be determined by the department;(3) the availability of recycled material suitable for manufacturers to meet the postconsumer recycled content requirements, including the availability of high-quality recycled plastic or glass, and food-grade recycled plastic or glass;(4) the capacity of recycling or processing infrastructure;(5) the progress made by manufacturers in meeting the postconsumer recycled content requirements; and(6) any other factors as determined by the department pursuant to rule, regulation, or guidance.b. Any adjustment to the postconsumer recycled content requirements made pursuant to this section shall be only for a time-period, and only under such conditions, as the department may by rule or regulation establish.Added by L. 2021, c. 391, s. 9, eff. 1/18/2022.