Maya Ellison
Plastic bag bans are being implemented in various states and cities across the United States to reduce plastic pollution, waste, and litter. While many stores and restaurants have stopped providing plastic bags, some restaurants are exempt from the plastic bag ban. For example, in Colorado, restaurants are exempt from the plastic bag ban starting on January 1, 2024, as the bill does not include them in the list of businesses that must comply. Similarly, in Washington State, plastic produce bags used by customers in stores are exempt from the ban. However, other places like California and Sausalito have banned single-use plastic bags in restaurants.
| Characteristics | Values |
|---|---|
| Location | California, Colorado, Washington State, Washington D.C., Los Angeles, Sausalito, Miami Beach, South Carolina, Charleston, New York City, Seattle, Miami Beach, San Diego |
| Type of ban | Single-use plastic carryout bags, Styrofoam takeout containers, disposable plasticware, plastic straws, containers, utensils |
| Applicable to | Retail and grocery stores, restaurants, takeout establishments, festivals, markets, retail food establishments |
| Exemptions | Food assistance programs, food banks, in-store packaging for bakery goods, loaves of bread, pastries, produce, bulk foods, meat, ice cream, flowers |
| Charges | 8-cent charge for recycled paper or wheat straw paper carryout bags, 12-cent charge for reusable carryout bags made of thick film plastic |
| Fines | Up to $250 per instance for businesses, $100 per day for restaurants or bars |
| Alternatives | Paper carryout bags, reusable plastic bags, stainless steel straws, bamboo straw, paper straws, pasta straws, bamboo utensils or chopsticks |
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What You'll Learn
Plastic bag bans in Colorado
In 2021, the Colorado General Assembly passed House Bill 21-1162, which prohibits stores and retail food establishments from providing single-use plastic carryout bags to customers starting January 1, 2024. However, certain retail food establishments and small stores that operate solely in Colorado with 3 or fewer locations are exempt from this ban and may continue to provide single-use plastic bags.
Between January 1, 2023, and January 1, 2024, stores could provide either recycled paper carryout bags or single-use plastic carryout bags to customers if they paid a fee of at least 10 cents per bag. On or after January 1, 2024, stores can only provide recycled paper carryout bags at a minimum fee of 10 cents per bag, or a higher fee imposed by the municipality or county. Local governments are entitled to 60% of the fees collected for these carryout bags.
The Colorado Restaurant Association (CRA) worked with the sponsors of House Bill 21-1162 to ensure that restaurants would be exempt from both the bag fee and the plastic bag ban. The CRA believes that single-use bags are essential for food safety, especially since most food from restaurants is ready-to-eat and will not undergo further treatment before consumption. While the bill does not explicitly mention restaurants as exempt, it outlines the types of businesses that must comply, and restaurants are not included.
The section of the bill banning the use of Styrofoam takeout containers in retail food establishments does, however, apply to restaurants in Colorado. Starting January 1, 2024, restaurants in Colorado will no longer be allowed to provide customers with Styrofoam takeout containers unless they were already in the restaurant's inventory before that date.
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Styrofoam takeout containers
The use of Styrofoam takeout containers is a topic that has been addressed in various US states, including California, Colorado, and Washington. While the specific regulations may vary, there is a growing trend to reduce the use of these containers due to their environmental impact.
In Colorado, there is a statewide ban on the use of Styrofoam as takeout containers for ready-to-eat food. This ban, which came into effect on January 1, 2024, prohibits restaurants and retail food establishments from providing customers with Styrofoam containers. However, there is an exemption for containers that were already in the inventory of these establishments before the ban took effect. The Colorado Restaurant Association (CRA) played a role in working with the sponsors of this legislation, acknowledging the importance of single-use bags for food safety, especially in the context of ready-to-eat food items.
In Washington, the state's Department of Ecology has implemented a plastic bag ban that includes a prohibition on single-use plastic carryout bags in restaurants, takeout establishments, and markets. This ban aims to reduce plastic pollution, litter, and waste. While there are exemptions for certain types of bags, such as those used for bakery goods and produce, the overall goal is to encourage the use of reusable bags and reduce the environmental impact of single-use plastic.
California has also implemented a single-use carryout bag ban, known as SB 270, which includes a requirement for stores to charge at least 10 cents per bag. This law applies to single-use carryout bags made of plastic, paper, or other materials, unless they are made from recycled paper or certified as reusable grocery bags. The state also allows the sale of compostable plastic bags that meet specific requirements, with a minimum charge of 10 cents per bag.
The availability of Styrofoam takeout containers is still prevalent, as evident by offerings from various retailers such as Amazon, Walmart, and specialist foodservice suppliers. These containers are often marketed as insulated, microwave-safe, and reusable. However, the regulatory landscape is shifting towards discouraging their use, with an increasing number of states and cities implementing restrictions or bans on their use in foodservice establishments.
While Styrofoam takeout containers may still be in use in some locations, the trend towards reducing their environmental impact is likely to result in further regulations and alternatives being adopted by the foodservice industry.
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Plastic bag charges
In California, for example, there is a statewide single-use carryout bag ban, SB 270, which prohibits customers from receiving single-use plastic carryout bags from most stores. Stores must charge at least 10 cents per bag, with the money kept by the store to cover costs. Stores cannot force customers to purchase a bag and must provide a free reusable grocery bag or recycled paper bag to customers using certain payment methods. This has led to a 70% reduction in plastic bag usage in the state. However, the law does not prohibit all plastic bags, and only a few cities like Los Angeles have banned restaurants and retail stores from using any kind of plastic bag.
Washington State has also implemented a plastic bag ban, prohibiting single-use plastic carryout bags in all retail and grocery stores, restaurants, takeout establishments, festivals, and markets. An 8-cent charge is required for recycled content paper or wheat straw paper carryout bags, with a 12-cent charge for reusable carryout bags made of thick film plastic from 2026. People on food assistance programs are exempt from paying these fees, and food banks are also exempt from the ban.
While Colorado has banned the use of Styrofoam takeout containers in retail food establishments, including restaurants, from 2024, it has exempted restaurants from both the bag fee and the plastic bag ban. This is due to the belief that single-use bags are vital for food safety, especially for ready-to-eat food that will not be heated or chemically treated before consumption.
To reduce plastic waste, restaurants can implement programs promoting paper or reusable plastic bags, as well as eco-friendly alternatives like stainless steel or bamboo straws and utensils.
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Plastic bag alternatives
While plastic bags are convenient, they are incredibly harmful to the planet and its human and animal populations. Plastic bags can form toxic particles that contaminate soil and water, injure and kill wildlife, and release dangerous chemicals over time. As a result, many states have introduced a plastic bag ban to reduce plastic pollution, and businesses are encouraged to promote plastic bag alternatives.
One alternative is for customers to bring their own bags. Reusable bags can be purchased or made from upcycling old items, such as a backpack or a tote bag. Cotton mesh bags are also a good option for shopping, as they are versatile, washable, and sturdy.
For storing food, there are several alternatives to plastic bags. Stasher bags are reusable and come in different sizes, making them suitable for storing anything from dried fruit to soups. Tupperware is another option for storing food, as well as for packing lunches. For those who want a more sustainable way to pick up after their pets, biodegradable and compostable pet waste bags are available.
Some other plastic bag alternatives include paper bags, compostable plastic bags, and silicone bags. However, it is important to note that not all compostable bags are accepted at commercial composting facilities, so it is best to check with your local facility before using them.
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Plastic bag bans in California
California has been at the forefront of addressing the environmental impact of single-use plastic bags. In 2014, it became the first state to ban plastic bags in retail stores. This initiative, known as Senate Bill 270 (SB 270), aimed to reduce plastic waste and protect the environment. While the bill banned the sale and distribution of single-use plastic bags, it allowed stores to provide plastic bags if they were recyclable or reusable. However, the plastic industry often produced thicker and heavier plastics, which most consumers did not reuse or recycle. As a result, plastic grocery bag waste increased by 47% between 2014 and 2022.
To address this issue, California introduced new bag ban legislation in 2024, Senate Bill 1053 (SB 1053), which aims to eliminate the use of single-use plastic bags in retail stores starting in 2026. This new bill closes the loophole in SB 270 by prohibiting the distribution of plastic bags, including thick plastic film bags, at grocery and convenience store checkouts. It also sets requirements for reusable grocery bags, including certification and minimum percentages of post-consumer recycled material content. Stores are required to charge at least 10 cents per bag, and they must use the money earned from bag sales to cover the cost of providing reusable or recycled paper bags to customers using certain payment methods.
While California's bag ban laws primarily target retail stores, they also apply to other establishments such as restaurants and takeout establishments. In California, single-use plastic bags are illegal at most retail stores, and restaurants are encouraged to use reusable bags or paper bags for takeout orders. However, it's important to note that the specific regulations regarding restaurants may vary from those for retail stores. In some states, like Colorado, restaurants are exempt from both the bag fee and the plastic bag ban due to food safety concerns.
The implementation of plastic bag bans in California has received widespread support from organizations like Oceana, which applauded the state for tackling the global plastic pollution crisis. A statewide poll by Oceana revealed that 86% of California voters support policies that reduce single-use plastic, and 92% are concerned about products like plastic bags, beverage bottles, and takeout food containers. The ban is expected to reduce plastic pollution in the state's beaches, parks, and ocean, protecting wildlife and contributing to a cleaner environment.
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Frequently asked questions
Yes, restaurants are exempt from the plastic bag ban in Colorado. The bill outlines that only specific types of businesses must comply with the ban, and restaurants are not included in this list.
No, restaurants are not exempt from the plastic bag ban in Washington State. The ban prohibits single-use plastic carryout bags in all retail and grocery stores, restaurants, takeout establishments, festivals, and markets.
No, restaurants are not exempt from the plastic bag ban in California. The ban includes single-use carryout bags from most stores and restaurants. However, there are some cities in California, such as Los Angeles and Sausalito, that have implemented their own bans on single-use plastic items in restaurants.
Yes, Delaware, Connecticut, Maine, Hawaii, Oregon, New York, and Vermont have all banned single-use plastic bags. Additionally, some cities and counties in states without legislation have taken it upon themselves to ban plastic straws and other single-use plastic items.
Restaurants can use paper carryout bags or reusable plastic bags instead of single-use plastic bags. They can also switch to eco-friendly alternatives such as stainless steel, bamboo, or paper straws, and bamboo utensils or chopsticks.
