What's happening
This bill bans most single-use carryout bags in New York, sets standards for reusable and recycled bags, and establishes certification, enforcement, and fee requirements for compliance.
Why it matters
Establishes robust standards for reusable and recycled bags. The bill goes beyond a simple ban by creating detailed requirements for reusable grocery bags and recycled paper bags, including durability, recyclability, labeling, and minimum recycled content. This aims to prevent “greenwashing” and ensure environmental benefits are real, not just claimed.
Creates certification and tracking systems for bag producers. Bag producers must obtain third-party certification (from accredited labs) to prove compliance, and provide proof to the state. This process, including biennial recertification and detailed reporting, increases transparency and accountability in the supply chain.
Mandates minimum bag fees and restricts free distribution. Stores must charge at least 10 cents for reusable or recycled paper bags, but must provide them free to customers on government assistance (like SNAP or WIC). This fee discourages unnecessary bag use, while the exemption protects low-income shoppers.
Centralizes and standardizes enforcement statewide. The law preempts local ordinances (with some exceptions for existing rules), ensuring consistent regulations across New York. It sets escalating civil penalties for violations and funds enforcement through certification fees, aiming for effective oversight and fair competition for retailers and producers.
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Who cares
Headline styles
Ban Plastic Bags Statewide
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to environmental conservation
- Referred to environmental conservation
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Ban Plastic Shopping Bags
In Assembly Committee · Environmental Conservation · Sponsor Felix Ortiz
Full text
8 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3044
2019-2020 Regular Sessions
IN SENATE
February 1, 2019
Introduced by Sen. SANDERS -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to plastic bag reduction, reuse and recycling; to amend the state finance law, in relation to the reusable grocery bag fund; and to repeal certain provisions of the environmental conservation law relating thereto
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
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.
(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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09174-01-9
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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 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:
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(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 to, woven or nonwoven nylon, polypropylene, polyethylene-terephthalate, or Tyvek, shall satisfy all of the following:
(a) It shall be sewn.
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(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.
(d) The department shall provide a system to receive proofs of certification online.
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(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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the environmental conservation law, in relation to plas- tic bag reduction, reuse and recycling; to amend the state finance law, in relation to the reusable grocery bag fund; and to repeal certain provisions of the environmental conservation law relating thereto
Purpose or general idea of bill
This bill relates to banning plastic bag usage in the state with no pending fees to consumers. This bill would encourage consumers to use long-lasting reusable shopping bags, thereby drastically reducing the amount of plastic and paper bags consumed and disposed. These bags are hazardous to the environment, contribute to the solid waste stream, and increases greenhouse gasses which contribute to global warming.
Summary of provisions
Section 1 of this bill 27-2701 of the environmental 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: "Department" means the department of envi- ronmental conservation. "Postconsumer recycles material" means a materi- al that would otherwise be destined for solid waste disposal, having completed its intended end use and product life cycle. "Recycled paper bag" means a paper carryout bag provided by a store to a customer at the point of sale that meets the requirements of subdivision (a,b,c). "Reus- able 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. "Reusable grocery bag producer" means a person or entity that does manufacturing, imports, sells or distributes reusable bags to a store. "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. "Store" means a retail establishment that meets any of the following: full-line, self-service retail store with gross annual sales of two million or more that sells a line of dry groceries, canned goods, or nonfood items, and some perish- able items. Has at least ten thousand square feet of retail space that generates sales or use tax, convenient 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 and or goods intended to be consumed off the premises.
Read the full memo (1,222 words)
Section 2 of this bill 27-2703 of the environmental conservation law, as added by chapter 641 of the laws of 2008, is REPEALED and a new section 272703 is added to read as follows: On or after July first, two thousand eighteen, a store, as defined in paragraph (a) or (b) of subdivision seven of section 27-2701 of this title, may sell or distribute a reus- able grocery bag to a customer at the point of sale only if the reusable bag is made by a producer certified pursuant to this section to meet the requirements (a,b,c,d,e,f) of this subdivision.
Section 3 of this bill 27-2707 of the environmental conservation law is REPEALED and a new section 27-2707 is added to read as follows: On and after July first, two thousand eighteen, a producer of reusable grocery bags made from plastic film shall not sell or distribute a reusable grocery bad in this state unless the producer is certified by a third- party certification entity pursuant to section 27-2709 of this title.
Section 4 of this bill 2709 explains Department responsibilities by commencing on or before July first, two thousand eighteen, the certif- ication conducted by a third-party certification entity, submitted under penalty of perjury, for each type of reusable grocery bag that is manu- factured, imported sold, or distributed in the state provided to a store for sale or distribution, at the point of sale, that meets all the applicable requirements of this title.
Section 5. Title 27 of article 27 of the environmental conservation law, added by chapter 641 of the laws of 2008, is amended by adding a new section 27-2702: single use carryout bags on and after July first, two thousand eighteen, a store, as defined in paragraph (a) or (b) of subdi- vision 27-2701 shall not provide a single-use carryout bag to a customer at point of sale.
Section 6. Title 27 of Article 27 if the environmental conservation law, as added by chapter 641 of the laws of 2008, is amended by adding a new section 27-2712: A city, a county, a city and county, or the state may impose a civil liability on a person or entity that knowingly violates this title, or reasonably should have known that I violated this title, in the amount of one thousand dollars per day for the first violation, two thousand dollars per day for the second violation, and five thousand dollars per day for the third and subsequent violation.
Section 7. Section 27-13 of the environmental conservation law is REPEALED and a new section 27-2713 is added to read as follows: Except as provided in subdivision 3 (a city, county, or other local public agency that has adopted before the effective date of this section, an ordinance, resolution, regulation, or rule relating to reusable grocery bags) of this section, this title is a matter of statewide interest and concern and is applicable uniformly throughout the state.
Section 8. The state finance law is amended by adding a new section 97-yyyy establishing a reusable grocery bag fund. This fund is the joint custody of the commissioner of environmental conservation and the comp- troller shall be known as the "reusable grocery bag fund". The fund shall consist of all monies appropriated for its purpose, all monies required by this section or any other provisions of law to be paid into or credited to such fund. Any civil judgment or lawsuit shall be paid into this fund.
Justification
Solid waste pollution is an important problem for New York State and New York City to address. According to the Environmental Protection Agency (EPA), between 500 billion and a trillion plastic bags are consumed worldwide each year. Americans alone throw away over 100 billion bags annually, which amounts to about 550 tons of plastic shopping bags about 90 percent of which go directly to landfills. These bags are used an average of 12 minutes, but they remain in our wastewater infrastructure, which incurs additional cost to the taxpayer. Both plastic bags and paper disposable bags are costly for retailers and consumers, environ- mentally damaging, and completely unnecessary. There is no such thing as a free bag. Retailers in the U.S. spend approximately 4 billion dollars each year to purchase single-use disposable bags. The cost is then passed on to the consumer in the form of higher prices. Certain popular stores, such as Aldi's, and Trader Joes do not carry plastic bags, which is key reason their goods cost less. Additionally. Munici- palities are also spending millions of dollars to dispose of plastic bags; NYC spends $10 million annually.
Existing law
No existing law on complete ban.
Prior legislative history
New Legislation
Fiscal implications
None. The State Finance Law would be amended by adding a new section, creating a Reusable grocery bag fund.
Effective date
This act shall take effect immediately.
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