Ban Plastic Shopping Bags

Section 1. Section 27-2701 of the environmental conservation law, as added by chapter 641 of the laws of 2008, is REPEALED and a new section 27-2701 is added to read as follows: § 27-2701. Definitions.

1. "Department" means the department of environmental conservation.

2. "Postconsumer recycled material" means a material that would otherwise be destined for solid waste disposal, having completed its intended end use and product life cycle. Postconsumer recycled material does not include materials and byproducts generated from, and commonly reused within, an original manufacturing and fabrication process.

3. "Recycled paper bag" means a paper carryout bag provided by a store to a customer at the point of sale that meets all of the following requirements:

(a) (1) Except as provided in subparagraph two of this paragraph, contains a minimum of forty percent postconsumer recycled materials.

(2) An eight pound or smaller recycled paper bag shall contain a minimum of twenty percent postconsumer recycled material.

(b) Is accepted for recycling in curbside programs in a majority of households that have access to curbside recycling programs in the state.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD09174-01-9

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(c) Has printed on the bag the name of the manufacturer, the country where the bag was manufactured, and the minimum percentage of postconsumer content.

4. "Reusable grocery bag" means a bag that is provided by a store to a customer at the point of sale that meets the requirements of section 27-2703 of this title.

5. (a) "Reusable grocery bag producer" means a person or entity that does any of the following:

(1) Manufactures reusable grocery bags for sale or distribution to a store.

(2) Imports reusable grocery bags into this state, for sale or distribution to a store.

(3) Sells or distributes reusable bags to a store.

(b) "Reusable grocery bag producer" does not include a store, with regard to a reusable grocery bag for which there is a manufacturer or importer, as specified in subparagraph one or two of paragraph (a) of this subdivision.

6. (a) "Single-use carryout bag" means a bag made of plastic, paper, or other material that is provided by a store to a customer at the point of sale and that is not a recycled paper bag or a reusable grocery bag that meets the requirements of section 27-2703 of this title.

(b) A single-use carryout bag does not include any of the following:

(1) A bag provided by a pharmacy.

(2) A nonhandled bag used to protect a purchased item from damaging or contaminating other purchased items when placed in a recycled paper bag, a reusable grocery bag, or a compostable plastic bag.

(3) A bag provided to contain an unwrapped food item.

(4) A nonhandled bag that is designed to be placed over articles of clothing on a hanger.

7. "Store" means a retail establishment that meets any of the following requirements:

(a) A full-line, self-service retail store with gross annual sales of two million dollars or more that sells a line of dry groceries, canned goods, or nonfood items, and some perishable items.

(b) Has at least ten thousand square feet of retail space that generates sales or use tax.

(c) Is a convenience food store, deli, foodmart, or other entity that is engaged in the retail sale of a limited line of goods, generally including milk, bread, soda, and snack foods.

(d) Is a convenience food store, deli, foodmart, or other entity that is engaged in the retail sale of goods intended to be consumed off the premises.

(e) Is not otherwise subject to paragraphs (a), (b), (c), or (d) of this subdivision, if the retail establishment voluntarily agrees to comply with the requirements imposed upon a store pursuant to this title, irrevocably notifies the department of its intent to comply with the requirements imposed upon a store pursuant to this title, and complies with the requirements established pursuant to subdivision five of section 27-2702 of this title.

§ 2. Section 27-2703 of the environmental conservation law, as added by chapter 641 of the laws of 2008, is REPEALED and a new section 27-2703 is added to read as follows: § 27-2703. Store operator responsibilities.

1. On and after July first, two thousand twenty, a store, as defined in paragraph (a) or (b) of subdivision seven of section 27-2701 of this title, may sell or distribute a reusable grocery bag to a customer at

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the point of sale only if the reusable bag is made by a producer certified pursuant to this section to meet all of the following requirements:

(a) Has a handle and is designed for at least one hundred twenty-five uses, as provided in this title.

(b) Has a volume capacity of at least fifteen liters.

(c) Is machine washable or made from a material that can be cleaned and disinfected.

(d) Has printed on the bag, or on a tag attached to the bag that is not intended to be removed, and in a manner visible to the consumer, all of the following information:

(1) The name of the manufacturer.

(2) The country where the bag was manufactured.

(3) A statement that the bag is a reusable bag and designed for at least one hundred twenty-five uses.

(4) If the bag is eligible for recycling in the state, instructions to return the bag to the store for recycling or to another appropriate recycling location. If recyclable in the state, the bag shall include the chasing arrows recycling symbol or the term "recyclable", consistent with the Federal Trade Commission guidelines use of that term, as updated.

(e) Does not contain lead, cadmium, or any other toxic material that may pose a threat to public health. A reusable bag manufacturer may demonstrate compliance with this requirement by obtaining a no objection letter from the federal food and drug administration.

(f) Complies with section 260.12 of part two hundred sixty of title sixteen of the code of federal regulations related to recyclable claims if the reusable grocery bag producer makes a claim that the reusable grocery bag is recyclable.

2. (a) In addition to the requirements in subdivision one of this section, a reusable grocery bag made from plastic film shall meet all of the following requirements:

(1) On and after January first, two thousand twenty-one, it shall be made from a minimum of twenty percent postconsumer recycled material.

(2) On and after January first, two thousand twenty-six, it shall be made from a minimum of forty percent postconsumer recycled material.

(3) It shall be recyclable in this state, and accepted for return at stores subject to any at-store recycling program for recycling.

(4) It shall have, in addition to the information required to be printed on the bag or on a tag, pursuant to subparagraph four of paragraph (d) of subdivision one of this section, a statement that the bag is made partly or wholly from postconsumer recycled material and stating the postconsumer recycled material content percentage, as applicable.

(5) It shall be capable of carrying twenty-two pounds over a distance of one hundred seventy-five feet for a minimum of one hundred twentyfive uses and be at least 2.25 millimeters thick, measured according to the American Society of Testing and Materials standard D6988-13.

(b) A reusable grocery bag made from plastic film that meets the specifications of the American Society of Testing and Materials International Standard Specification for compostable plastics D6400, as updated, is not required to meet the requirements of subparagraph one or two of paragraph (a) of subdivision three of section 27-2701 of this title.

3. In addition to the requirements of subdivision one of this section, a reusable grocery bag that is not made of plastic film and that is made from any other natural or synthetic fabric, including, but not limited

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to, woven or nonwoven nylon, polypropylene, polyethylene-terephthalate, or Tyvek, shall satisfy all of the following:

(a) It shall be sewn.

(b) It shall be capable of carrying twenty-two pounds over a distance of one hundred seventy-five feet for a minimum of one hundred twentyfive uses.

(c) It shall have a minimum fabric weight of at least eighty grams per square meter.

4. On and after July first, two thousand twenty, a store as defined in paragraph (c), (d) or (e) of subdivision seven of section 27-2701 of this title, shall comply with the requirements of this section.

§ 3. Section 27-2707 of the environmental conservation law is REPEALED and a new section 27-2707 is added to read as follows: § 27-2707. Manufacturer responsibilities.

On and after July first, two thousand twenty, a producer of reusable grocery bags made from plastic film shall not sell or distribute a reusable grocery bag in this state unless the producer is certified by a third-party certification entity pursuant to section 27-2709 of this title. A producer shall provide proof of certification to the department demonstrating that the reusable grocery bags produced by the producer comply with the provisions of this title. The proof of certification shall include all of the following:

1. Names, locations, and contact information of all sources of postconsumer recycled material and suppliers of postconsumer recycled material.

2. Quantity and dates of postconsumer recycled material purchases by the reusable grocery bag producer.

3. How the postconsumer recycled material is obtained.

4. Information demonstrating that the postconsumer recycled material is cleaned using appropriate washing equipment.

§ 4. Section 27-2709 of the environmental conservation law is REPEALED and a new section 27-2709 is added to read as follows: § 27-2709. Department responsibilities.

1. (a) Commencing on or before July first, two thousand twenty, the certification conducted by a third-party certification entity, submitted under penalty of perjury, for each type of reusable grocery bag that is manufactured, imported, sold, or distributed in the state and provided to a store for sale or distribution, at the point of sale, that meets all the applicable requirements of this title. The proof of certification shall be accompanied by a certification fee, established pursuant to subdivision two of this section.

(b) A reusable grocery bag producer shall resubmit to the department proof of certification as described in paragraph (a) of this subdivision on biennial basis. A reusable grocery bag producer shall provide the department with an updated proof of certification conducted by a thirdparty certification entity if any modification that is not solely aesthetic is made to a previously certified reusable bag. Failure to comply with this subdivision shall result in removal of the relevant information posted on the department's web site pursuant to subparagraphs (1) and (2) of paragraph (e) of this subdivision for each reusable bag that lacks an updated proof of certification conducted by a third-party certification entity.

(c) A third-party certification entity shall be an independent, accredited ISO/IEC 17025 laboratory. A third-party certification entity shall certify that the producer's reusable grocery bags meet the requirements of this section.

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(d) The department shall provide a system to receive proofs of certification online.

(e) On and after July first, two thousand twenty, the department shall publish a list on its web site that includes all of the following:

(1) The name, location, and appropriate contact information of certified reusable grocery bag producers.

(2) The reusable grocery bags of producers that have provided the required certification.

(f) A reusable grocery bag producer shall submit applicable certified test results to the department confirming that the reusable grocery bag meets the requirements of this title for each type of reusable grocery bag that is manufactured, imported, sold, or distributed in the state and provided to a store for sale or distribution.

(1) A person may object to the certification of a reusable grocery bag producer pursuant to this section by filing an action for review of that certification in the superior court of a county that has jurisdiction over the reusable grocery bag producer. The court shall determine if the reusable grocery bag producer is in compliance with the requirements of this title.

(2) A reusable grocery bag producer whose certification is being objected to pursuant to subparagraph one of this paragraph shall be deemed in compliance with this title pending a determination by the court.

(3) Based on its determination, the court shall direct the department to remove the reusable grocery bag producer from, or retain the reusable grocery bag producer on, its list published pursuant to paragraph (e) of this subdivision.

(4) If the court directs the department to remove a reusable grocery bag producer from its published list, the reusable grocery bag producer shall remain off of the published list for a period of one year from the date of the court's determination.