Plastic Bag Waste Reduction

Bag Waste Reduction Act

On March 1, 2020, a new bag waste reduction law took effect in New York State - where over 23 billion plastic bags had been used each year prior to the plastic carryout bag ban. Plastic bag usage affects both our communities and environment. Plastic bags can be seen stuck in trees, as litter in our neighborhoods, and floating in our waterways. From the significant recycling and disposal issues they pose to the harm they can do to wildlife; the negative impacts of plastic bags are easily seen.

Consumer Complaints

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).

Who it Affects

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. The law affects anyone required to collect New York State sales tax, bag manufacturers and consumers. 

Additionally, stores covered under the NYS Plastic Bag Reduction, Reuse and Recycling Act are still required to collect plastic bags and other film plastics from consumers for recycling. (Film plastics include items such as bread bags and plastic wraps that come over cases of water, paper towels and other similar items). As a consumer you can help by continuing to recycle these items at certain retailers.

Encouraging Reuse

Watch a clip about reusable bags and check out other clips on DEC's YouTube Channel.

Violations and Enforcement

Enforcement of the Bag Waste Reduction Act

The Bag Waste Reduction Act has been in effect since March 1, 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 6 NYCRR 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 (a sale) constitutes no more than one violation. DEC inspectors may witness more than one commercial transaction per inspection, leading to penalties that may be greater than $250.  

Exempt Bags

Grocery Delivery

The law does not have a specific exemption for plastic carryout bags used for grocery delivery. 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 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. 

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]

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"

Paper Carryout Bag Fees

Mandatory five-cent paper carryout bag reduction fee in municipalities where it is required

Under the NYS Bag Waste Reduction Act, cities and counties are authorized to adopt a local law imposing a five-cent paper carryout bag reduction fee. Consequently, consumers in jurisdictions that have passed such a local law will incur a charge of 5 cents for each paper carryout bag provided at checkout. According to information on the New York State Department of Taxation and Finance website, the five-cent paper carryout bag reduction fee is not included in any amount that is subject to sales tax but is collected in addition to any sales tax due on the transaction. Only sales tax vendors that sell tangible personal property in a jurisdiction where the fee is imposed must charge the fee. Here is a list of municipalities (PDF) that have opted in to the 5-cent paper carryout bag reduction fee. 

The Act does not require cashiers to notify customers regarding bag charges; however, it does require that receipts separately state the five-cent paper carryout bag reduction fee and include the number of bags provided. Recipients of SNAP (Supplemental Nutrition Assistance Program) and WIC (Women, Infants, and Children) benefits are exempt from this fee. 

Optional Sale of Paper Carryout Bags by Stores

It is important to distinguish between the mandatory five-cent paper carryout bag reduction fee in municipalities where it is required and the optional sale of paper carryout bags by stores. Retailers may opt to sell paper carryout bags at a price of their choosing, which constitutes a taxable sale, and the store would have to charge sales tax on the amount they are charging for the paper carryout bag. The price of the bag and the applicable sales tax must be itemized separately on the receipt. Additionally, if a store is located in a jurisdiction that requires the five-cent paper carryout reduction fee, it must charge that fee and may also charge an additional store fee for a paper carryout bag.  

Plastic carryout bags provided by a pharmacy to carry prescription drugs are considered exempt uses. Therefore, in locations where a local law has been passed implementing the 5-cent paper carryout bag reduction fee, such feel 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 plastics bags.  Oversight of local laws requiring the five-cent paper carryout bag reduction fee falls to the enacting municipality. Complaints about the 5-cent paper carryout bag reduction fee should be submitted to the enacting municipality. Consumers with price gouging concerns should contact the NYS Division of Consumer Protection. Complaints involving sales tax or the taxable sale of a paper carryout bag should be submitted to the NYS Department of Tax & Finance.

Stores are not required by law to have paper bags available for customers. Some stores may choose not to switch to paper bags and may only have reusable bags for purchase. One way to avoid paper bag fees no matter where you are across New York State is to always bring your own bag. More information on the paper carryout bag reduction fee can be found on the New York State Department of Taxation and Finance webpage.

Reusable Bags

Reusable bags available for purchase shall be sold at a price determined by the operator of the store. 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, and
• Permit a reusable bag to be used by a customer in lieu of a paper carryout bag. 

In jurisdictions that have adopted a local law imposing a five-cent paper carryout bag reduction fee, the monies collected must be used by the municipalities to purchase and distribute reusable bags to the community. The New York State Department of Taxation and Finance handles collection of the fee monies and requires sales tax vendors to report the fee on their sales tax returns. The NYS Comptroller pays each municipality imposing the five-cent paper carryout bag reduction fee an amount equal to 40% of the paper carryout bag reduction fee monies collected, to be used for the purpose of purchasing and distributing reusable bags, with priority given to low-and fixed-income communities.

Regulations

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. 

Stores covered under the NYS Plastic Bag Reduction, Reuse and Recycling Act are still required to collect plastic bags and other film plastics from consumers for recycling.

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).

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:

If you need any of these materials in another language, please contact DEC at [email protected].

Film Plastics Recycling

For more information on how to recycle film plastics, such as grocery bags, bread bags, newspaper bags, and more, visit DEC's webpage on Film Plastics Recycling.

Important Links