Sofia Martinez
On March 1, 2020, a new bag waste reduction law took effect in New York State, banning the use of plastic carryout bags. This law applies to all stores that collect sales tax, including retailers, grocers, and small businesses. However, certain exemptions exist, such as bags used for uncooked meat, fish, or poultry, and bags provided by pharmacies for prescription drugs. Non-profit organizations that provide food to food-insecure individuals may also be eligible for waivers. This law aims to reduce the negative environmental impact of plastic bags, encouraging the use of reusable bags and promoting recycling practices.
| Characteristics | Values |
|---|---|
| Date of Implementation | March 1, 2020 |
| Type of Bags Banned | Single-use plastic carryout bags |
| Exempt Bags | Used for uncooked meat/fish/poultry, bulk items, sliced/prepared foods, prescription drugs, carryout orders, garment bags, etc. |
| Applicability | All stores that collect sales tax, including retailers, grocery, and small businesses |
| Enforcement Agency | New York State Department of Environmental Conservation (NYSDEC) |
| Enforcement Date | October 19, 2020 |
| Penalties | Complaints of non-compliance can be submitted to NYSDEC, which may perform on-site inspections |
| Alternatives | Reusable bags made from cloth or other durable materials, paper bags (with a 5-cent fee in some areas) |
| Waivers | Available for non-profit food service providers with an annual gross income below $500,000 per location and other criteria |
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What You'll Learn
- Non-profits providing food to food-insecure individuals can apply for a waiver
- Plastic bags are still allowed for uncooked meat, fish, and poultry
- Plastic bags are banned for all sales that are tax-exempt
- Plastic bags are still allowed for prescription drugs
- Paper bags are not banned but a fee may be charged
Non-profits providing food to food-insecure individuals can apply for a waiver
The use of plastic bags in New York has been a topic of discussion for several years, with the state taking steps to reduce plastic bag waste. On March 1, 2020, a new bag waste reduction law came into effect, banning the distribution of plastic carryout bags by anyone required to collect New York State sales tax. This includes retailers, grocery stores, and small businesses. However, there are certain exemptions to this ban, such as bags used for uncooked meat, fish, or poultry, and bags used for prescription drugs.
While the law primarily targets businesses, it's important to understand how this affects non-profits, especially those providing food to food-insecure individuals. Non-profits that provide meals to food-insecure people may be concerned about their ability to continue doing so without plastic bags. Recognizing this challenge, Monroe County, New York, has provided an option for these organizations.
Facilities operated by non-profit corporations or government agencies that provide food to food-insecure individuals may apply for a renewable 12-month financial hardship waiver. This waiver is not automatic, and certain criteria must be met to qualify. Firstly, the non-profit must have an annual gross income of less than $500,000 per location. Secondly, they should not operate ten or more locations in New York State, and they must not be franchises. If the non-profit meets these requirements, they can apply for the waiver, which will allow them to continue using plastic bags to distribute food to those in need.
It's important to note that even with the waiver, non-profits should still encourage the use of reusable bags whenever possible. The waiver is intended to provide a temporary solution while transitioning to more sustainable practices. Non-profits can promote environmental responsibility by educating their clients about the benefits of reusable bags and providing information on how to obtain affordable, reusable options. Additionally, they can explore alternatives, such as partnering with local businesses to distribute donated reusable bags or encouraging clients to bring their own bags through initiatives like #BYOBagNY.
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Plastic bags are still allowed for uncooked meat, fish, and poultry
The New York State Bag Waste Reduction Act bans the use of single-use plastic carryout bags. This law came into effect on March 1, 2020, and was enforced from October 19, 2020. Under this law, any person or entity required to collect sales tax is prohibited from distributing plastic carryout bags to customers. However, there are certain exemptions outlined in the NYS Bag Waste Reduction Act, the NYS Plastic Bag Reduction, Reuse & Recycling Act, and the corresponding regulations (6 NYCRR Part 351).
Plastic bags are still allowed for specific purposes, including the containment or wrapping of uncooked meat, fish, and poultry. This exemption is crucial to maintain sanitary conditions and prevent contamination. By using plastic bags for these items, it ensures that they are separated from other goods and helps maintain the quality and safety of the food.
The use of plastic bags for uncooked meat, fish, and poultry is permitted due to the nature of these products. These items are often sold in bulk or require separation from other goods to prevent moisture and cross-contamination. Plastic bags serve as a practical solution to maintain the freshness and integrity of these food items.
In addition to the exemption for uncooked meat, fish, and poultry, there are other permitted uses for plastic bags in New York. These include bulk items such as produce and candy, sliced or prepared foods, prescription drugs, carryout orders from restaurants or taverns, and garment bags. It's important to note that stores are still required to collect plastic bags from consumers for recycling.
While plastic bags are permitted for these specific purposes, the overall goal of the Bag Waste Reduction Act is to encourage the use of reusable bags and reduce the environmental impact of single-use plastic bags. Consumers are encouraged to bring their own bags when shopping, and retailers may offer reusable bags for sale or provide alternative options like paper bags, although these are not mandatory. The Act also addresses the proper cleaning of reusable bags to ensure they remain hygienic for multiple uses.
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Plastic bags are banned for all sales that are tax-exempt
On March 1, 2020, a new bag waste reduction law took effect in New York State, banning the use of plastic carryout bags. This law applies to all stores that collect sales tax, including retailers, grocers, and small businesses. The ban includes plastic bags for tax-exempt sales, unless they are exempt bags.
The New York State Bag Waste Reduction Act was signed by Governor Cuomo on April 22, 2019, and came into effect on March 1, 2020, with enforcement beginning on October 19, 2020. The act prohibits the distribution of plastic carryout bags by anyone required to collect New York State sales tax, including for tax-exempt sales.
The law defines a "plastic carryout bag" as any plastic bag provided to a customer by a person required to collect tax, regardless of whether the items sold are exempt from tax. This includes bags used to carry tangible personal property, such as uncooked meat, fish, or other unwrapped or non-prepackaged food items.
There are some exemptions to the ban. Plastic bags are still allowed for specific purposes, such as carrying uncooked meat, fish, or poultry, bulk items, sliced or prepared foods, prescription drugs, and carryout orders from restaurants or taverns. Garment bags and bags prepackaged for sale to customers, such as trash bags or food storage bags, are also exempt.
The Bag Waste Reduction Act encourages consumers to bring their own bags when shopping, promoting the use of environmentally friendly alternatives like reusable bags made from cloth. While stores are not required to provide paper bags, they may choose to offer reusable bags for sale or provide paper bags for a small fee.
Non-profit organizations and government agencies that provide food to food-insecure individuals may be eligible for a renewable 12-month financial hardship waiver. This waiver also applies to covered food service providers with an annual gross income of less than $500,000 per location and those that do not operate more than 10 locations in New York and are not franchises.
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Plastic bags are still allowed for prescription drugs
In New York, the Bag Waste Reduction Act, which came into effect on March 1, 2020, bans the distribution of plastic carryout bags by anyone required to collect sales tax. However, there are certain exemptions to this rule, including plastic bags used for prescription drugs.
The Bag Waste Reduction Act aims to reduce the environmental impact of plastic bags, which can be seen littering neighbourhoods and harming wildlife. While shoppers are encouraged to bring their own bags, the law recognises certain essential uses for plastic carryout bags, including prescription medications.
Plastic bags provided by pharmacies to carry prescription drugs are considered an exempt use under the Bag Waste Reduction Act. This exemption ensures that individuals can safely and securely transport their medications without the need for separate reusable bags. It is important to note that this exemption only applies to prescription drugs and not to over-the-counter medications or other pharmacy products.
The exemption for prescription drugs highlights the balance between environmental concerns and practical considerations. By allowing plastic bags for prescription drugs, the law acknowledges the need for a sterile and convenient way to transport medications, especially for individuals who may have health or mobility issues. This exemption is in line with other exemptions, such as those for uncooked meat, fish, and poultry, which are necessary for food safety and sanitation.
While the overall goal of the Bag Waste Reduction Act is to minimise the use of plastic bags, the exemption for prescription drugs recognises the unique needs of individuals requiring regular medications. This exemption ensures that individuals can access their prescription drugs in a safe and practical manner while still supporting the broader environmental objectives of the legislation.
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Paper bags are not banned but a fee may be charged
In New York, the Bag Waste Reduction Act bans the distribution of single-use plastic carryout bags by anyone required to collect sales tax. This law came into effect on March 1, 2020, and was enforced from October 19, 2020.
The Act encourages consumers to bring their own bags when shopping and promotes the use of reusable bags. While paper bags are not banned, the Act authorises cities and counties to adopt a five-cent fee for each paper carryout bag provided at checkout. This fee is intended to reduce the use of paper bags and encourage shoppers to bring their own reusable bags.
The five-cent fee for paper bags does not apply to all areas of New York. For example, Monroe County did not adopt the paper bag fee, but individual stores in the county may still choose to charge for paper bags. Similarly, the New York City Department of Sanitation states that all businesses covered by the ban must charge a five-cent fee for paper bags, indicating that this requirement may vary by location within the city.
Non-profit organisations and government agencies that provide food to food-insecure individuals may be eligible for a renewable 12-month financial hardship waiver. This waiver is also available to covered food service providers with an annual gross income of less than $500,000 per location, that do not operate ten or more locations in New York, and are not franchises.
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Frequently asked questions
Non-profits are not exempt from the ban on plastic bags in New York. However, facilities operated by a not-for-profit corporation that provides meals to food-insecure individuals may apply for a renewable 12-month financial hardship waiver.
The ban does not apply to plastic bags used for uncooked meat, fish, or poultry, bulk items, sliced or prepared foods, prescription drugs, carryout orders at restaurants, garment bags, and bags prepackaged for sale.
Reusable bags made from washable and durable materials, such as cloth, are recommended. Paper bags are also an alternative, but they are not required to be provided by stores and may incur a five-cent fee in some areas.
The New York State Bag Waste Reduction Act was signed into law on April 22, 2019, and took effect on March 1, 2020, with enforcement beginning on October 19, 2020.
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