Plastic Bag And Film Plastics Recycling For Retailers

New York State's Plastic Bag Reduction, Reuse and Recycling Act

The New York State Plastic Bag Reduction, Reuse and Recycling Act (ECL  Article 27, Title 27) effective January 1, 2009, and the applicable regulations in 6 NYCRR Part 351, effective March 14, 2020, require certain stores to establish and maintain film plastic recycling programs.

A "store" is a retail establishment that currently provides, or at any time prior to March 1, 2020 provided, plastic carryout bags to its customers as a result of the sale of a product, and has over 10,000 square feet of retail space or is part of a chain engaged in the same general field of business operating five or more units with over 5,000 square feet of retail space in New York State under common ownership and management.

Retail Stores Affected

Retail establishments that meet the definition of “store” are required to comply with the NYS Plastic Bag Reduction, Reuse, and Recycling Act.

Additionally, the owner of an enclosed shopping mall must place film plastic recycling bins at reasonable intervals throughout the enclosed shopping mall area. Retail stores with more than 50,000 square feet of retail space and located in the enclosed shopping mall are required to establish their own film plastics collection and recycling programs. Retail stores that are located within an enclosed shopping mall and required to establish their own film plastic collection and recycling program may also participate in the enclosed shopping mall’s film plastic collection and film plastic recycling program, provided they also host a film plastic collection bin in their retail establishment.

Compliance Requirements:

As part of its obligations under the law, a retail establishment that meets the definition of “store” must ensure that it is meeting the following requirements: 

• The operator of a store must establish an at-store recycling program pursuant to the provisions of Environmental Conservation Law (ECL) Article 27, Title 27 that provides an opportunity for a customer of the store to return clean and dry plastic carryout bags and other film plastics to the store (ECL §27-2703 (1) and 6 NYCRR § 351-2.3(a)).
• The store must provide a collection bin that is visible, easily accessible to the consumer, and clearly marked that the collection bin is available for the purpose of collecting and recycling plastic carryout bags and other film plastic. (ECL § 27-2705(2) and 6 NYCRR § 351-2.3(a)(1) and (3)).
• The store must ensure all plastic carryout bags and other film plastic collected by the store are transported and recycled along with any other in-store film plastic, except for film plastic that is not sufficiently free of foreign materials that would adversely affect the recycling stream. Plastic carryout bags and other film plastic collected by the store, which are free of foreign material, must not be disposed of in any solid waste disposal facility permitted or authorized pursuant to ECL Article 27, Title 7 (Solid Waste Management and Resource Recovery Facilities) (ECL § 27-2705(3) and 6 NYCRR § 351-2.3(b) and (c)).
• The store, or its agent, or the owner of a shopping mall, or its agent, must maintain, for a minimum of three years, records describing the collection, transport and recycling of plastic carryout bags and other film plastic by weight, provided, however, that a store or its agent may weigh the plastic carryout bags, other film plastic, and any other in-store plastic recycling at a regional collection center. These records must be made available to the Department upon request. (ECL § 27-2705(4) and 6 NYCRR § 351-2.3(d)).
• Sell reusable bags. Stores are required to allow the use of reusable shopping bags and make them available to their customers for purchase. Reusable bags should meet the definition of reusable bag.

Labeling of Plastic Bags

While the NYS Bag Waste Reduction Act prohibits most stores from providing plastic carryout bags to consumers, there are a few specific instances where providing plastic carryout bags is still allowed. All plastic carryout bags given to consumers must state: "PLEASE RETURN TO A PARTICIPATING STORE FOR RECYCLING." Also acceptable is "PLEASE REUSE OR RECYCLE AT A PARTICIPATING STORE." In order to be adequately visible to a consumer, the statement should be located on the outside face of the bag and the lettering should be at least one-half inch in height.

Stores may apply to the Commissioner of DEC for an alternate recycling message using one of the following methods:

In writing to:

New York State Department of Environmental Conservation

Division of Materials Management

Bureau of Waste Reduction and Recycling

625 Broadway Albany, New York 12233-7253

By email to: [email protected]

By fax to: (518) 402-9024

Biodegradable, Compostable Bags

Compostable bags cannot be recycled in film plastics recycling bins or household recycling bins. They must be labeled "COMPOSTABLE BAG - DO NOT PLACE IN RECYCLING BIN"

How To Set Up A Film Plastic Recycling Program

• Place film plastic recycling bins near the front of the store in an easily visible and accessible location. We highly recommend bin(s) be large enough to hold 15 gallons or more.
• Film plastic collection bins should be clearly marked indicating they are for the purpose of collecting and recycling plastic carryout bags and film plastics. Signage on or near the film plastic recycling bin is required and helps to deter consumers from putting trash in the bin.
• We recommend posting a sign indicating the film plastic recycling bin location if it isn't near the store entrance.
• Locate garbage cans in convenient locations for consumers to place their trash, so waste does not end up in the film plastic recycling bins.
• Avoid film plastic recycling bins that resemble garbage cans.
• Use transparent bins and transparent bags to enable better quality control.
• In addition to posters at entrances and on or near film plastic recycling bins, simple decals near bag stands and buttons on cashiers and baggers serve to inform customers that film plastics are recyclable at your store. Also consider a decal with recycling facts at the cashier stand.
• Train employees to ensure the success of at-store film plastic recycling programs. Make sure employees are aware of the film plastic recycling protocol. Have them point out the availability of store film plastic recycling bins.

Key provisions of this law are available in a free downloadable and printable flyer Recycling Film Plastic Retailers (PDF, 715 KB) 

Violations

The law provides that upon the first finding of a violation, a store will be issued a warning without penalty. The penalty for a second violation is $100 and the penalty for a third or subsequent violation is $500.

Finding a Recycler

Entities looking for a film plastic recycler can utilize a resource developed by the NYS Center for Sustainable Materials Management – Polyethylene Recyclers and Manufacturers in New York State and the Northeast (PDF, 311 KB)

Please contact NYSDEC at [email protected] or 518-402-8706 for assistance with your film plastic recycling program.

Recordkeeping Requirements

The store, or its agent, or the owner of a shopping mall, or its agent, must maintain, for a minimum of three years, records describing the collection, transport and recycling of plastic carryout bags and other film plastic by weight, provided, however, that a store or its agent may weigh the plastic carryout bags, other film plastic, and any other in-store plastic recycling at a regional collection center. These records must be made available to the Department upon request. (ECL § 27-2705(4) and 6 NYCRR § 351-2.3(d)). 

Stores may wish to use this Title 27 At-Store Film Plastic Recycling Program – Sample Store Recordkeeping Form (PDF) to record their store’s film plastic collection, transport, and recycling. If submitting this form and/or other film plastic collection, transport, and recycling records to DEC, the store should be sure to complete and submit the Certification Statement on page one of the form.