Maya Ellison
New York State has implemented a ban on single-use plastic bags, with limited exceptions, since October 19, 2020. This ban was enforced after New Yorkers used over 23 billion plastic bags annually, costing the state over $12 million to dispose of them. The ban includes plastic carryout bags, with certain exemptions, such as those used for prescription drugs or unwrapped meat. Nassau County, located in New York State, would be subject to this ban. This measure aims to reduce waste and encourage the use of reusable bags, with some counties adopting a five-cent fee for paper bags to promote environmental awareness.
| Characteristics | Values |
|---|---|
| Date of ban enforcement | March 1, 2020 |
| Date of court upholding the law | August 20, 2020 |
| Date of ban enforcement after court decision | October 19, 2020 |
| Items banned | Single-use plastic carryout bags |
| Exemptions | Plastic bags used solely to contain food sliced or prepared to order or provided by a pharmacy to carry prescription drugs |
| Penalty for violation | A warning for the first violation, $250 for the first violation after warning, $500 for subsequent violations in the same calendar year |
| Items not banned | Plastic bags used to contain unwrapped meat, fish, or poultry |
| Other banned items | Polystyrene foam containers, single-use foam food containers, and polystyrene packaging materials |
| Effective date of the ban on polystyrene packaging materials | January 1, 2022 |
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What You'll Learn
The NYS Bag Waste Reduction Act
New York State's plastic bag ban, or the NYS Bag Waste Reduction Act, came into effect on March 1, 2020. The law prohibits the distribution of plastic carryout bags by anyone required to collect New York State sales tax. This includes most retail stores and applies to cities and counties, including Nassau County, NY.
Under the NYS Bag Waste Reduction Act, shoppers can bring their own bags, including film plastic bags. However, there are more environmentally friendly alternatives available, such as washable, reusable bags made from cloth. Retailers are not required to provide paper bags, and in areas where a local law has implemented a 5-cent paper carryout bag reduction fee, consumers will be charged for each paper bag provided at checkout. This fee does not apply to SNAP and WIC recipients.
There are some exemptions to the NYS Bag Waste Reduction Act. Plastic carryout bags used solely to contain food prepared to order or provided by a pharmacy to carry prescription drugs are exempt. Additionally, stores are still required to collect plastic bags and other film plastics from consumers for recycling under the NYS Plastic Bag Reduction, Reuse, and Recycling Act.
Violations of the NYS Bag Waste Reduction Act can result in enforcement action by the DEC, including warning notices and civil penalties of up to $500 for subsequent violations in the same calendar year.
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Plastic bag ban enforcement
The NYS Bag Waste Reduction Act, which came into effect on March 1, 2020, bans the distribution of plastic carryout bags by anyone required to collect New York State sales tax. This law was not enforced initially due to a lawsuit brought by Poly-Pak Industries, Inc., but the New York State Supreme Court upheld the law on August 20, 2020, and the DEC began enforcing it on October 19, 2020.
The ban applies to all plastic carryout bags, except those that are exempt under the law or Part 351 regulations. Exempt bags include those used solely to contain food sliced or prepared to order and those provided by pharmacies for prescription drugs. The law also authorises cities and counties to adopt a five-cent paper carry-out bag reduction fee, which does not apply to SNAP and WIC recipients.
Retailers and manufacturers should be aware that violations of the plastic carryout bag ban will result in a warning notice for the first offence. Subsequent violations will incur civil penalties of $250 for the first violation and $500 for each additional violation in the same calendar year.
To promote bag waste reduction, New York State encourages the use of reusable bags and reminds consumers to #BYOBagNY. This can be achieved by keeping reusable bags in easily accessible places, such as cars or near the door, to ensure they are handy when needed. Consumers can also help reduce waste by refusing single-use paper bags for small purchases like magazines, candy, or drinks, and carrying the items instead.
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Plastic bag alternatives
Since March 1, 2020, a new bag waste reduction law has been in effect in New York State, banning plastic carryout bags. Nassau County, being a part of New York State, has this law in effect.
The negative impacts of plastic bags are significant and easily seen. Plastic bags affect both communities and the environment. They can be seen stuck in trees, as litter in neighbourhoods, and floating in waterways. They also cause harm to wildlife and release dangerous chemicals over time.
- Reusable Bags: Bring Your Own Bag (#BYOBagNY) to stores and shops. Keep reusable bags in your car, or clip folding reusable bags onto your commuting bag or purse so you always have them handy. Reusable bags can be purchased from many retailers.
- Biodegradable Trash Liners: These are chemical-free alternatives that decompose within 3 to 6 months of use. They can be used in the same way as plastic trash liners.
- Stasher Bags: These bags come in different sizes and can be reused for years, making them a sustainable and cost-effective alternative to single-use plastic baggies.
- Cotton Mesh Produce Bags: These bags are versatile, washable, sturdy, and environmentally friendly alternatives to plastic grocery bags.
- Organic Cotton Tote Bags: These bags are washable, reusable, and often feature environmentally conscious messages.
- Paper Bags: While paper bags are not as environmentally friendly as reusable bags, they are still a better alternative to plastic bags. However, they are not mandatory for stores to provide.
- Plant-based Trash Bags: These bags are a sustainable alternative to plastic trash bags for general waste disposal.
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Plastic bag ban exemptions
The NYS Bag Waste Reduction Act, which came into effect on March 1, 2020, bans all plastic carryout bags from distribution by anyone required to collect New York State sales tax. However, the law does provide for certain exemptions to this rule.
Plastic carryout bags are allowed to be used solely to contain food sliced or prepared to order. Bags used to contain unwrapped meat, fish, or poultry, and bags used to package bulk items are also exempt. Additionally, bags provided by a pharmacy to carry prescription drugs are considered exempt. Restaurant takeout food is also exempt from the ban.
The law also allows for certain tax exemptions. For instance, in areas that have adopted the five-cent paper carryout bag reduction fee, the fee does not apply to SNAP (Supplemental Nutrition Assistance Program) and WIC (Women, Infants, and Children) recipients. These individuals are exempt from paying the paper carryout bag reduction fee for paper bags.
It is important to note that the NYS Bag Waste Reduction Act expressly keeps the requirements for retail stores to continue to collect plastic bags and other film plastics from consumers for recycling under the NYS Plastic Bag Reduction, Reuse, and Recycling Act.
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Plastic bag ban non-compliance
Plastic bags have been banned in Nassau County, New York, since March 1, 2020, when the NYS Bag Waste Reduction Act came into effect. The ban was enforced following a lawsuit brought by Poly-Pak Industries, Inc., and others, with the New York State Supreme Court upholding the law on August 20, 2020.
The ban prohibits the distribution of plastic carryout bags by anyone required to collect New York State sales tax, with some exemptions. This law affects not only those collecting sales tax but also bag manufacturers and consumers. Cities and counties are also involved and can choose to adopt a five-cent paper carry-out bag fee.
Despite the ban, there may be instances of non-compliance, where businesses continue to provide single-use plastic bags to customers. In such cases, members of the public can submit complaints to the relevant authorities, such as the New York State Department of Environmental Conservation (DEC). The DEC may then follow up on these complaints and perform on-site inspections to determine compliance.
To promote compliance, the DEC can provide noncompliant businesses with additional information, resources, and technical assistance to help them transition away from plastic bags. However, repeated and continuous non-compliance may result in fines or other penalties.
To facilitate the ban, consumers are encouraged to bring their own bags when shopping, with the slogan "#BYOBagNY - Bring Your Own Bag." This encourages the use of environmentally friendly alternatives, such as washable and reusable bags made from cloth or other materials. Some retailers may also offer reusable bags for sale or provide paper bags for a small fee.
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Frequently asked questions
Yes, plastic bags are banned in Nassau County, NY.
The plastic bag ban came into effect on March 1, 2020, and was enforced from October 19, 2020.
Plastic carryout bags used solely to contain food sliced or prepared to order or provided by a pharmacy to carry prescription drugs are exempt from the ban.
