NYS Plastic bag ban takes effect March 1, 2020

Starting March 1, 2020 all New York state retailers and entities “that collect sales tax will be prohibited from distributing plastic carryout bags to customers, with limited exceptions.”

Those exceptions, or an ’Exempt bag' means a bag that is:

  • Used solely to contain or wrap uncooked meat, fish, seafood, poultry, or other unwrapped food, flower, or plant item;

  • Used by a customer solely to package items from bulk containers, including fruits, vegetables, grains, candy, small hardware items (such as nuts, bolts, and screws), live fish, or live insects;

  • 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 those used by a dry cleaner or laundry service;

  • Provided by a restaurant, tavern, or similar food service establishment, as defined in the state sanitary code, to carry out or deliver food;

  • Provided by a pharmacy to carry prescription drugs;

  • A reusable bag, as that term is defined in proposed Part 351 draft regulations; or

  • A film plastic bag for which there is no reasonable or practical alternative for storing, containing or transporting items, as determined by the department.

Reusable bags, have “a minimum lifespan of 125 uses” and are either hand- or machine-washable, according to the regulations. Retailers are authorized to finish their supplies of plastic bags “until further notice,” said the DEC.

In addition, a five-cent fee will be imposed by retailers to any customers who request a paper carryout bag.  The fee does not apply to SNAP (Supplemental Nutrition Assistance Program) and WIC (Women, Infants, and Children – a nutrition program) recipients.

According to the state Department of Environmental Conservation, New Yorkers use “an estimated 23 billion plastic bags annually  – each for about 12 minutes – and approximately 85 percent of this staggering total ends up in landfills, recycling machines, waterways, and streets.” 

“New York continues to be a national leader on environmental issues, and the plastic bag ban is the latest in a series of actions to preserve our air, land, and waters for future generations. DEC is proud to be at the forefront of these efforts and will continue to work to develop solutions to combat climate change and protect the environment and we continue to encourage New Yorkers to BYOBagNY and bring their own reusable bags wherever and whenever they shop.”
— DEC Commissioner Basil Seggos

SOURCES: Text on the regulation from the NYS Department of Environmental Conservation: http://www.dec.ny.gov/chemical/50034.html
https://www.dec.ny.gov/regulations/118810.html + https://www.dec.ny.gov/chemical/117781.html 

Info on 5-cent paper carryout bag fee: https://www.tax.ny.gov/bus/st/paper-carryout-bag-fee.htm

 
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