film plastics gathered together

Plastic Bag and Film Plastic Recycling

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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. You do not need to be a customer of a store to return your clean and dry film plastics to an at-store film plastic recycling program.

The New York State Plastic Bag Reduction, Reuse and Recycling Act (ECL Article 27, Title 27)

It is important to learn what types of film plastics are recyclable. When you properly recycle your film plastics at a return to retail drop-off location, they can end up as composite lumber for making decks, benches, and playground sets. Plastic film can also be reprocessed into small pellets, which can be made into new bags, pallets, containers, crates, and pipe. You are also helping to conserve natural resources, keeping our streets and waterways clean, and protecting wildlife by ensuring film plastics are properly handled and recycled and do not end up in the environment or the landfill.

Types of Film Plastic

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How To Recycle Film Plastics

Did you know plastic bags are a type of film plastic? Film plastics should not be put in household recycling bins and should only be put in film plastics recycling bins (if the material is acceptable). Certain retail stores and certain grocery stores in NYS are required to collect film plastics from customers for recycling. Stores must make film plastics recycling collection bins available to customers in a visible, easily accessible location. If film plastics collection containers are not available in a regulated store, please notify us via our online reporting form. 

Fast facts for consumers on recycling plastic bags and other film plastics in NYS. (PDF)

Note: All materials must be CLEAN, DRY, and FREE OF RESIDUE. Receipts should also be removed.

The law requires that stores collect film plastics, which include:

  • grocery bags
  • garment bags
  • retail bags with string ties removed
  • newspaper bags
  • dry cleaning bags
  • produce bags
  • bread bags
  • cereal bags (but if it tears like paper, do not include it)
  • over wrap from paper products (paper towels, toilet paper, etc)
  • pallet wrap and stretch film
  • resealable food storage bags
  • bubble wrap
  • air pillows (must be deflated)
  • shipping envelopes and bubble mailers (must be all film plastic, labels removed)
  • furniture and electronic wrap
  • ice bags (must be dry)

  • food containers
  • bottles
  • degradable or compostable bioplastics
  • salad bags
  • frozen food bags
  • six-pack rings
  • chip bags
  • snack/candy wrappers
  • mulch or soil bags
  • silage and hay bags
  • pet food bags
  • No bags, film, or wrap labeled with #1, #3, #5, #6 or #7

Biodegradable or Compostable Bioplastics*

  • Compostable bags cannot be recycled in film plastics recycling bins or household recycling bins. It is important for manufacturers and retailers to note that compostable bags must be labeled "COMPOSTABLE BAG - DO NOT PLACE IN RECYCLING BIN."

Where to Bring Film Plastics for Recycling

Many large, chain retail and grocery stores are required to host a film plastic recycling bin for consumers. Consumers can bring acceptable film plastics to any at-store film plastic recycling program. Film plastic collection bins can be unique to each store or chain. These are some examples of film plastic collection bins.

various film plastic bins

Consumer Complaints

Submit a Complaint

Complaints of non-compliance relating to the NYS Bag Waste Reduction Act, the NYS Plastic Bag Reduction, Reuse & Recycling Act and the corresponding regulations (6 NYCRR Part 351) can be submitted to DEC.

Submit Complaint

Complaints involving stores distributing plastic carryout bags or stores not hosting a film plastic collection bin will be addressed by DEC. DEC will follow-up on complaints and may perform an on-site inspection to determine compliance using this inspection form (PDF). 

Important Definitions

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 operating five or more units with over 5,000 square feet of retail space in New York State under common ownership and management. (6 NYCRR § 351-1.2(o), ECL § 27-2701(6)) 

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. (6 NYCRR § 351-1.2(m))

Compliance Requirements

FAST FACTS FOR STORES ON RECYCLING PLASTIC BAGS AND OTHER FILM PLASTICS IN NYS (PDF)

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.

A business that meets the definition of “store” with over 10,000 square feet of retail space; or is part of a retail chain that operates five or more stores with more than 5,000 square feet each of retail space in New York State under common ownership and management, and that provided plastic carryout bags to its customers as the result of the sale of a product any time prior to March 1, 2020, or is currently providing plastic carryout bags to its customers at point of sale, must maintain an at-store recycling program for plastic carryout bags and other film plastic. [ECL § 27-2705 and 6 NYCRR § 351-2.3]

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)). 

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.

Tips for ensuring full compliance with Art. 27 Title 27 store recordkeeping requirements: 

• Maintain, for a minimum of three years, all records of store's film plastic collection, transport, and recycling record keeping; 

• Clearly separate and identify by store the weight of post-consumer film plastics collected from all front-of-store consumer film plastic drop-off bins; 

• Include the date of each store collection; 

• Document the weight collected at each pickup and date of pickup and identify the facility to which the materials were delivered and 

• Document the recycler to whom the materials were recycled and the weight of film plastic recycled. 

As part of its obligations under the 6 NYCRR Part 351 Plastic Bag Reduction, Reuse, and Recycling regulations (6 NYCRR §351-2.2 (a),(b)), the operator of a store must: 

  • Make reusable bags available to customers within the store for purchase or at no charge
  • Permit a reusable bag to be used by a customer in lieu of a paper carryout bag. 

Additionally, reusable bags available for purchase shall be sold at a price determined by the operator of the store.

Film Plastic Recyclers for the Regulated Community 

Recyclers that accept post-consumer film plastics for recycling: 

Recyclers not currently included on this list that accept post-consumer film plastic for recycling and would like to be added may contact NYS DEC at [email protected]. 

Additional post-consumer film plastic recyclers may be found through https://plasticsmarkets.org. Be sure to filter the resin search to “film” and company type to “post-consumer”.

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

Setting 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 other 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.

Regulations

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.

Amendments to the Act include film plastics, defined as "uncontaminated non-rigid film plastic packaging products composed of plastic resins, which include, but are not limited to, newspaper bags, dry cleaning bags and shrink-wrap," went into effect on March 1, 2015.

Violations & Penalties

ECL § 71-2728(1) includes enforcement provisions for the Plastic Bag Reduction, Reuse and Recycling Act (ECL Art. 27, Title 27), stating that any person who knowingly or intentionally violates any provision of or fails to perform any duty imposed by the law shall upon the first finding of a violation be provided with a warning. After receiving the warning notice, a person shall be liable for a civil penalty of up to one hundred dollars ($100) for a second violation, and for a third or subsequent violation, such person will be liable for a penalty of up to five hundred dollars ($500).

NYS Plastic Bag Ban

For more information on the New York State Plastic Bag Ban, visit DEC webpage Bag Waste Reduction.

Important Links

Find more about film plastic recycling

6 NYCRR Part 351 Express Terms
ECL Article 27, Title 27, NYS Plastic Bag Reduction, Reuse and Recycling Act Re…
Title 27 At-Store Film Plastic Recycling Program – Sample Store Recordkeeping F…
Reporting Form: Bag Ban & Film Plastic Recycling
Contact for this Page

DMM, Bureau of Waste Reduction and Recycling
625 Broadway
Albany, NY 12233-7253

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