What's happening
This bill requires plastic trash bags sold in New York to contain at least 30% recycled post-consumer material and to be properly labeled.
Why it matters
Increases demand for recycled plastics. By requiring plastic trash bags to contain at least 30% post-consumer recycled material, the bill could stimulate the recycling industry and help create a stronger market for recycled plastics that might otherwise end up in landfills.
Encourages transparency and accountability. The mandated labeling of post-consumer content gives consumers and regulators a way to verify compliance, potentially increasing trust and enabling more informed purchasing decisions.
Shifts responsibility across the supply chain. Both manufacturers and retailers can be penalized for violations, but retailers are protected if they rely in good faith on manufacturer labels. This incentivizes accurate reporting and places the primary compliance burden on manufacturers.
Allows for future tightening of standards. The bill gives regulatory authorities the power to require even higher recycled content in the future, creating flexibility to strengthen environmental goals as recycling technology and infrastructure improve.
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Who cares
Headline styles
Require Recycled Plastic Trash Bags
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to environmental conservation
- Referred to rules
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.
Require Recycled Plastic Trash Bags
In Assembly Committee · Environmental Conservation · Sponsor Patricia Fahy
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6814
2019-2020 Regular Sessions
IN SENATE
October 28, 2019
Introduced by Sen. METZGER -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
AN ACT to amend the environmental conservation law, in relation to the sale of plastic trash bags
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Article 27 of the environmental conservation law is amended by adding a new title 30 to read as follows:
TITLE 30
REGULATION OF PLASTIC TRASH BAGS Section 27-3001. Definitions.
27-3003. Regulation of the sale of plastic trash bags.
27-3005. Labeling requirements.
27-3007. Violations.
27-3009. Regulations. § 27-3001. Definitions.
As used in this title:
1. "Manufacturer" shall mean any person, firm, association, partnership, or corporation, which makes plastic trash bags to be used in the disposal of waste.
2. "Plastic trash bag" shall mean a bag intended to hold, store, or transport materials meant to be discarded, composted, or recycled, including but not limited to garbage bags, composting bags, yard bags, can-liners, and recycling bags.
3. "Post-consumer material" shall mean those products or materials generated by a business or consumer which have served their intended end use as consumer items and which have been separated or diverted from the waste stream for the purposes of collection and recycling as a secondary material feedstock.
4. "Retailer" shall mean any person, firm or corporation that engages in the sale of plastic trash bags.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14033-01-9
S. 6814 2
§ 27-3003. Regulation of the sale of plastic trash bags.
Every plastic trash bag offered for sale or sold by a retailer in this state shall contain, by weight, at least thirty percent recycled postconsumer material. The department may promulgate rules and regulations requiring a higher percentage of post-consumer material content for plastic trash bags. § 27-3005. Labeling requirements.
Every package of plastic trash bags sold in this state shall be labeled by the manufacturer indicating the post-consumer material content of the plastic trash bags by weight. § 27-3007. Violations.
1. Any retailer found to be in violation of this title shall receive a warning notice for the first violation. Any retailer found to subsequently be in violation of this title shall be subject to a penalty of five hundred dollars per violation.
2. Any manufacturer found in violation of this title shall be subject to a penalty of five hundred dollars per violation.
3. No retailer shall be found in violation of this title if such retailer in good faith relies on the label as required by section 27-3005 of this title. § 27-3009. Regulations.
The department is authorized to promulgate any rules and regulations necessary to implement the provisions of this title.
§ 2. This act shall take effect January 1, 2022.
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 the sale of plastic trash bags
Purpose
The purpose of this legislation is require plastic bags to contain a minimum percentage of post-consumer material.
Summary of provisions
Section 1 - Amends Article 27 of the environmental conservation law creating a new title 30 "Regulation of Plastic Trash bags".
Every plastic trash bag for sale in the state shall contain by weight, at least thirty percent recycled post-consumer material. The Department of Environmental Conservation may promulgate rules and regulations requiring a higher percentage of post-consumer material.
Labeling requirements - Every plastic trash bad sold in the state shall be labeled by the manufacturer indicating the post-consumer material content.
Violations of this section will result in a warning for the first violation, any subsequent violations will result in a $500 fine per violation.
Section 2 - This act shall take effect January 1, 2022.
Existing law
This is a new provision of law.
Justification
Single-use plastic products have become part of modern life. However, as international recycling markets have changed it has become increasingly difficult to find buyers of post-consumer plastics. The United Nations estimates that since the 1950s the rate of plastic production has grown faster than any other material. Plastic pollution is prevalent in all segments of the environment but of particular concern in streams, rivers and oceans. Since plastics do not degrade quickly they may persist in the environment for centuries. Plastic products also poses a threat to the climate. A recent study by the University of California Santa Barbara estimated that in 2015 all emission from plastic amounted to nearly 1.8 billion metric tons of carbon dioxide. To address this envi- ronmental crisis more opportunities for post-consumer plastics must be created. A California law requires at least ten percent of the weight of plastic trash bags contain post-consumer materials. This legislation would do the same but raise that threshold to thirty percent. By requir- ing thirty percent post-consumer material in plastic trash bags, a new market emerges for the reuse of plastics which contributes to an overall reduction, in plastic production.
Legislative history
This is a new bill.
Fiscal implications
None.
Effective date
January 1, 2022
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.