What's happening
This bill removes the exemption allowing restaurants to provide plastic carryout bags, subjecting them to bag waste reduction laws.
Why it matters
Expands environmental regulations. by including restaurants in the ban on plastic carryout bags, meaning more businesses will need to comply with single-use bag restrictions.
Could significantly reduce plastic waste. , as restaurant takeout and delivery orders generate a substantial portion of single-use plastic bags, which often end up as litter or in landfills.
May drive operational changes for restaurants. , who would need to source alternative bagging materials (like paper, compostable, or reusable bags), potentially affecting costs and customer experience.
Signals a broader commitment to sustainability. , showing that lawmakers are addressing loopholes and aiming for a more comprehensive approach to plastic pollution across all sectors.
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Who cares
Restaurants, taverns and similar food service establishments
The bill would remove the exemption for plastic carryout bags they provide for takeout or delivery food.
Takeout and delivery customers
Plastic bags used to carry their restaurant orders would no longer have a specific exemption under the bag waste reduction law.
Pharmacies
The bill would retain the exemption for bags provided to carry prescription drugs.
Headline styles
End Restaurant Plastic Bags
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 Restaurant Plastic Bags
In Assembly Committee · Environmental Conservation · Sponsor Patricia Fahy
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5185
2019-2020 Regular Sessions
IN SENATE
April 12, 2019
Introduced by Sen. METZGER -- 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 carryout bags provided by restaurants
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 1 of section 27-2801 of the environmental conservation law, as added by section 2 of part H of a chapter of the laws of 2019 amending the environmental conservation law, the alcoholic beverage control law and the state finance law relating to establishing guidelines for bag waste reduction, as proposed in legislative bill numbers S. 1508-C and A. 2008-C, is amended to read as follows:
1. "Exempt bag" means a bag: (a) used solely to contain or wrap uncooked meat, fish, or poultry; (b) bags used by a customer solely to package bulk items such as fruits, vegetables, grains, or candy; (c) bags used solely to contain food sliced or prepared to order; (d) bags used solely to contain a newspaper for delivery to a subscriber; (e) bags sold in bulk to a consumer at the point of sale; (f) trash bags; (g) food storage bags; (h) garment bags; (i) bags prepackaged for sale to a customer; or (j) [plastic carryout bags provided by a restaurant, tavern or similar food service establishment, as defined in the state sanitary code, to carryout or deliver food; or (k)] bags provided by a pharmacy to carry prescription drugs.
§ 2. This act shall take effect on the same date and in the same manner as part H of a chapter of the laws of 2019 amending the environmental conservation law, the alcoholic beverage control law and the state finance law relating to establishing guidelines for bag waste reduction, as proposed in legislative bill numbers S. 1508-C and A. 2008-C, takes effect.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11074-01-9
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 plastic carryout bags provided by restaurants
Purpose
The purpose of this legislation is remove from the exempted bags under the plastic bag ban, plastic bags provided by restaurants.
Summary of provisions
Section 1: Amends section 27-2801 of the environmental conservation law to remove plastic bags provided from restaurants from the definition of an "exempt bag".
Section 2: Sets the effective date.
Justification
New Yorkers collectively dispose of more than 23 billion plastic bags each year, the bulk of which either end up in landfills or clogging or waterways. The legislature took a big step in addressing this by banning single-use plastic bags from grocery stores in the FY 2019-20 budget, however the language leaves large loopholes that do not go far enough to effectively address the plastic waste crisis. With more than 50,000 restaurants and eateries in New York, the industry has become a sizeable contributor to plastic waste. Packaging, including for food, is the single greatest type of plastic waste disposed of each year. This legis- lation aims to further curb single use plastic pollution by ensuring restaurants become part of a sustainable solution to our plastic waste problem.
Prior legislative history
None
Fiscal implications for state and local governments
To be determined
Effective date
This act shall take effect on the same date and in the same manner as part H of a chapter of the laws of 2019 amending the environmental conservation law, the alcoholic beverage control law and the state finance law relating to establishing guidelines for bag waste reduction, as proposed in legislative bill numbers S.1508-C and A. 23 2008-C, takes effect.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.