Bag Waste Reduction Act: Information For Manufacturers And Retailers
The 6 NYCRR Part 351 Plastic Bag Reduction, Reuse, and Recycling regulations were adopted by DEC after a formal rulemaking process and went into effect on March 14, 2020. These regulations set forth the requirements of Titles 27 and 28 of Article 27 of the Environmental Conservation Law with respect to the prohibition on plastic carryout bags; allowable reusable bags; the recycling of plastic carryout bags and film plastic by stores; and the related requirements for manufacturers. Please visit the Adopted Part 351, Plastic Bag Reduction, Reuse, and Recycling page for more information.
This page includes Bag Waste Reduction Act Outreach Materials.
This information relates only to requirements under the state ECL and Part 351 regulations, and are not to any applicable Tax, State Finance, or Agriculture and Markets laws.
Note: Pursuant to a court decision issued on August 20, 2020, certain portions of the regulations that authorize an additional exemption to the plastic carryout bag distribution ban of ECL §27-2803(1) for reusable bags made of non-film plastic have been declared invalid and will not be enforced: 6 NYCRR §351-1.2(f)(11) and §351-1.2 (n) (1)(ii) and (4).
The full decision can be read here.(PDF)
New York State Bag Waste Reduction Act
Article 27 of the Environmental Conservation Law (ECL) was amended to create a new Title 28 for the New York State Bag Waste Reduction Act. The law took effect March 1, 2020 and prohibits the distribution of plastic carryout bags by any person required to collect New York State sales tax.
Any person required to collect New York State sales tax is no longer able to provide plastic carryout bags, as defined in Title 28 of the ECL, to their consumers.
Important Definitions
"Plastic carryout bag" means any plastic bag, other than an exempt bag, that is provided to a customer by a person required to collect tax to be used by the customer to carry tangible personal property, regardless of whether such person required to collect tax sells any tangible personal property or service to the customer, and regardless of whether any tangible personal property or service sold is exempt from tax under Article 28 of the New York State Tax Law.
"Exempt bag" means a bag that is:
- Used solely to contain or wrap uncooked meat, fish, seafood, poultry, other unwrapped or non-prepackaged food, flower, plant, or other item for the purpose of separating it from other items to avoid contamination, prevent damage from moisture, or for sanitary, public health, or environmental protection purposes;
- Used solely to package items from bulk containers, including fruits, vegetables, grains, candy, small hardware items (such as nuts, bolts, and screws), live insects, fish, crustaceans, mollusks, or other aquatic items requiring a waterproof bag;
- Used solely to contain food sliced or prepared to order;
- Used solely to contain a newspaper for delivery to a subscriber;
- Sold in bulk quantities to a consumer at the point of sale that were specifically prepackaged in a manner to allow for bulk sale (for example, quantities of bags prepackaged in individual pre-sealed boxes) or prepackaged in individual boxes or containers for sale to a customer;
- Sold as a trash bag;
- Sold as a food storage bag, such as those in snack, sandwich, quart, and gallon sizes;
- Used as a garment bag, such as over-the-hanger bags or those used by a dry cleaner or laundry service;
- Made of plastic provided by a restaurant, tavern or similar food service establishment, as defined in the New York state sanitary code, to carry out or deliver prepared food; or
- Provided by a pharmacy to carry prescription drugs.
A "reusable bag" means a non-plastic bag that:
- Is made of:
- cloth or other machine washable fabric; or
- other durable material with handles that is specifically designed and manufactured for multiple reuse; and
- Has at least one strap or handle that does not stretch and is fastened to the bag in such a manner that it allows the bag to meet the strength and durability standards in the bullet point below;
- Has a minimum lifespan of 125 uses, with a use equal to the ability to carry a minimum of 22 pounds over a distance of at least 175 feet.
Enforcement of the Bag Waste Reduction Act
The Bag Waste Reduction Act has been in effect since March 1, 2020. The Act was not enforced during litigation brought in New York State Supreme Court challenging the law and DEC's Part 351 regulations. The Court issued a decision on August 20, 2020, and DEC began enforcing the law and the regulations, in accordance with the Court's decision, on October 19, 2020.
As of October 19, 2020, if a person required to collect tax distributes any plastic carryout bags to its customers (unless such bags are considered exempt bags under the law or Part 351 regulations), DEC may take enforcement action against them. A person required to collect tax who violates any provision of ECL § 27-2803, including the plastic carryout bag ban, will receive a warning notice for a first violation. A person required to collect tax shall be liable for a civil penalty of two hundred fifty dollars ($250) for the first violation after receiving a warning and five hundred dollars ($500) for any subsequent violation in the same calendar year. Each commercial transaction constitutes no more than one violation.
Existing Retailer Requirements Under the NYS Plastic Bag Reduction, Reuse, and Recycling Act
The NYS Bag Waste Reduction Act expressly keeps the requirements for retail stores required under the NYS Plastic Bag Reduction, Reuse and Recycling Act (Title 27 of Article 27) of the ECL to continue to collect plastic bags and other film plastics from consumers for recycling. Consumers can continue to bring plastic carryout bags and other types of film plastics to retailers required to comply with the NYS Plastic Bag Reduction, Reuse, and Recycling Act.
Examples of When Plastic Carryout Bags May Still Be Used
Plastic carryout bags used solely to contain food sliced or prepared to order or are provided by a pharmacy to carry prescription drugs are considered exempt uses. In locations where a local law has been passed implementing the 5-cent paper carryout bag reduction fee, such fee would not be charged on a paper carryout bag provided by a pharmacy to carry prescription drugs, since the fee only applies to paper bags that serve as an alternative to banned film plastic bags.
Grocery Delivery
The law does not have a specific exemption for plastic carryout bags used for the home delivery of groceries. If the plastic carryout bag is provided by a supermarket, and the plastic carryout bag is to be used by the customer to carry groceries, the supermarket is no longer able to package groceries in plastic carryout bags for home delivery. However, the exemptions for bags used to contain food sliced or prepared to order, bags used to contain unwrapped meat, fish or poultry, and bags used to package bulk items, such as fruits, vegetables, grains, and candy apply. So plastic carryout bags could be used to contain these items, thereby keeping items separated and free from contamination from other items and providing some protection against spills from raw meat containers.
Paper Carryout Bag Reduction Fee
The New York State Department of Taxation and Finance provides information regarding the paper carryout bag reduction fee (link leaves DEC's website).
Bag Waste Reduction Act Outreach Materials
Bag waste reduction starts with reusable bag education and #BYOBagNY reminders. New York State's plastic bag ban began March 1, 2020. These resources can be used to help remind the public to #BYOBagNY and inform consumers about the plastic bag ban.
- Informational materials in English
- Translated informational materials in Spanish
- Translated informational materials in Bengali
- Translated informational materials in Haitian Creole
- Translated informational materials in Russian
- Translated informational materials in Yiddish
- Translated informational materials in Korean
- Translated informational materials in Chinese
Visit this page for the most up-to-date digital outreach resources. If you need any of these materials in another language, please contact DEC at [email protected].
DMM, Bureau of Waste Reduction and Recycling
625 Broadway
Albany, NY 12233-7253