Sofia Martinez
Plastic bag laws vary across the United States, with some states banning disposable bags, some imposing fees, and others having no statewide legislation at all. In recent years, several states and territories have implemented plastic bag bans or fees to reduce pollution and waste, with varying degrees of success. Some states, like California, have specific requirements for stores, such as charging a minimum of 10 cents per compostable bag, while others, like Washington, have enacted thickness requirements for plastic bags. New York's plastic bag ban, which went into effect in March 2020, faced legal challenges and was not enforced until October 2020 after a court decision. Texas, on the other hand, has declared bag bans illegal and unenforceable. These varying laws and their enforcement have led to a dynamic landscape of plastic bag regulations across the country.
| Characteristics | Values |
|---|---|
| Location | New York State, Washington State, California |
| Date of Implementation | March 1, 2020 (New York), October 19, 2020 (enforcement began in New York), October 2021 (Washington), November 2016 (California) |
| Fee | 8 cents (Washington), 5 cents (New York), 10 cents (California) |
| Fee Exemptions | SNAP, WIC, TANF, and FAP recipients (Washington), SNAP and WIC recipients (New York) |
| Bag Requirements | Minimum 40% post-consumer recycled content, 40% wheat straw, or a combination of both (Washington), minimum lifespan of 125 uses (New York), minimum 40% post-consumer recycled material, at least 2.25 mils thick (California) |
| Applicable Laws | NYS Bag Waste Reduction Act, 6 NYCRR Part 351 Plastic Bag Reduction, Reuse, and Recycling regulations, ECL § 27-2803 (New York), Chapter 70A.530 RCW (Washington), Single-Use Carryout Bag Ban (SB 270) (California) |
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What You'll Learn
Plastic bag laws in Washington State
Plastic bags are a major contaminant in Washington's recycling facilities, waterways, roadways, and environment. To reduce pollution, Washington's Plastic Bag Ban prohibits single-use plastic carryout bags and charges a fee for acceptable bags in businesses. This law came into effect in October 2021.
The Washington State Department of Ecology has developed a bag ban outreach toolkit that is available in 17 languages. The toolkit provides technical assistance, education, and outreach materials to businesses and the public. The department also encourages customers to bring and reuse their own bags when they shop.
The bag ban requires businesses to charge 8 cents for large paper carry-out bags. Smaller paper bags may be provided without charging this fee, but all paper bags must be made of at least 40% post-consumer recycled content and/or wheat straw and be labeled with this percentage on the outside of the bag.
From January 1, 2026, the law will require a 12-cent charge for all reusable carryout bags made of thick film plastic. These bags must be made of at least 40% post-consumer recycled content, be at least 2.25 mil thick, and be labeled with these specifications and the word "Reusable." People on food assistance programs are exempt from paying the fee for paper or plastic film carryout bags.
Washington is one of several states in the US that have banned disposable bags, including California, Colorado, Connecticut, Delaware, Hawaii, Maine, New Jersey, New York, Oregon, Rhode Island, Vermont, and Washington. Many counties and municipalities have also enacted ordinances imposing a fee on plastic bags or banning them outright.
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Plastic bag laws in New York State
New York State's Plastic Bag Reduction, Reuse and Recycling Act has been in effect since January 1, 2009. The law requires large retailers to take back all types of film plastic for recycling, including single-use plastic carryout bags from residents.
On March 1, 2020, a new bag waste reduction law took effect in New York State, banning all plastic carryout bags (other than exempt bags) from distribution by anyone required to collect New York State sales tax. The NYS Bag Waste Reduction Act, also known as the plastic bag ban, prohibits the distribution of plastic carryout bags by any person required to collect New York State sales tax. This law affects anyone required to collect New York State sales tax, bag manufacturers, and consumers. Cities and counties are also involved and are authorized to adopt a five-cent paper carry-out bag reduction fee. This means that in these areas, a consumer is charged five cents for each paper carryout bag provided at checkout. However, the fee does not apply to SNAP and WIC recipients, who are exempt from paying the fee.
The NYS Bag Waste Reduction Act was not initially enforced due to a lawsuit brought by Poly-Pak Industries, Inc. in the New York State Supreme Court. On August 20, 2020, the Court upheld the law and most of the Part 351 regulations, and the DEC began enforcing the law and regulations on October 19, 2020.
While shoppers can bring any type of bag, including a film plastic bag, there are more environmentally friendly alternatives available, such as bags made from cloth. If a shopper forgets to bring a bag, many retailers offer reusable bags for sale, and some stores may also offer paper bags. It is important for consumers to bring their own bags to reduce waste and the need for virgin material extraction.
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Plastic bag laws in California
California has a single-use carryout bag ban, SB 270, which came into effect in 2014. The law allows stores to sell reusable plastic bags made with recycled content or recycled paper bags until January 1, 2026. Stores must charge at least 10 cents per bag, but they cannot require customers to purchase a bag. The money collected from the bag charges must be kept by the stores and used to cover the cost of providing the bags.
The original ban in 2014 was blamed for making the waste problem worse. A loophole in the law allowed grocers to charge for thicker plastic bags, which resulted in a sharp increase in plastic bag waste. The plastic industry exploited the intent of the law by mass-producing slightly thicker plastic bags that were claimed to be "reusable" and "recyclable". However, most of these bags were not recycled or reused, and plastic bag waste continued to pollute the state.
In 2024, California passed a new law, Senate Bill 1053, banning plastic bags from being provided at grocery store checkouts. This law was intended to improve upon the existing law and truly ban plastic bags in the state. The new law was signed by Governor Newsom, who stated that plastic bags pollute the environment and break down into toxic microplastics that contaminate drinking water and threaten public health.
In addition to the statewide ban, California has over 100 local laws with similar or tougher regulations that supersede the statewide legislation. For example, the San Mateo County Environmental Impact Report studied six cities in neighboring Santa Clara County, and four of them opted to join San Mateo County's ordinance.
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Plastic bag laws in other US states
Plastic bag laws vary across different US states. While there is no national plastic bag fee or ban in effect in the United States, several states and territories have taken measures to reduce plastic bag usage. Here is an overview of some of the plastic bag laws in other US states:
California: In November 2016, Californians voted to approve state legislation banning plastic bags statewide through Propositions 67 and 65. Over 100 local laws with stricter regulations remain in effect and take precedence over the statewide ban. A loophole in the ban allowed for "reusable" plastic bags, which resembled single-use bags but were thicker, to be sold at checkout.
New York: The NYS Bag Waste Reduction Act came into force on March 1, 2020, banning the distribution of plastic carryout bags by anyone required to collect New York State sales tax. Cities and counties are authorized to adopt a five-cent paper carry-out bag reduction fee, which encourages consumers to bring their own bags.
Washington: Washington State's Plastic Bag Ban addresses plastic contamination in recycling facilities, waterways, roadways, and the environment. The ban prohibits single-use plastic carryout bags and mandates a fee for acceptable bags in businesses. The law also specifies bag requirements, such as minimum recycled content and thickness.
Other states with similar disposable bag bans include Colorado, Connecticut, Delaware, Hawaii, Maine, New Jersey, Oregon, Rhode Island, and Vermont. Some jurisdictions, like Chicago, have opted for a fee-only approach to reduce bag usage. In contrast, states like Massachusetts have faced challenges in enacting statewide bans due to plastic industry lobbying, with only partial success in individual cities and towns.
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Plastic bag laws outside the US
While there is no national plastic bag fee or ban in the United States, several states have implemented their own laws to reduce plastic pollution. Outside of the US, many other countries have also introduced plastic bag bans or fees to tackle this global issue. Here is a look at some of these laws outside of the US:
Canada
In 2021, Canada implemented a nationwide ban on single-use plastics, including plastic bags. This federal ban prohibits the manufacture and import of single-use plastics and is expected to remove over 1.3 billion plastic bags from circulation annually.
UK
The UK introduced a mandatory plastic bag charge in 2015, encouraging shoppers to bring their own bags. This led to a significant reduction in plastic bag usage, with over 90% fewer bags issued by major supermarkets in the first year.
China
China has not implemented a nationwide ban, but several of its provinces and cities have taken independent action. For example, Beijing banned free plastic bags in 2008, and other cities like Shanghai and Xiamen followed suit with their own regulations.
Australia
In Australia, the approach has varied across states and territories. Some states, like South Australia and Tasmania, have implemented plastic bag bans, while others, like Queensland, have introduced fees or levies on plastic bags.
Rwanda
Rwanda has gained recognition for its strict plastic bag ban, which was introduced in 2008. The law prohibits the import, production, use, and sale of plastic bags, with strict enforcement including fines and even imprisonment for non-compliance.
The global movement towards reducing plastic bag usage is gaining momentum, with many countries recognising the environmental impact of single-use plastics. While the specific laws vary, the common goal is to minimise plastic pollution and encourage more sustainable alternatives.
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Frequently asked questions
The plastic bag law, or the NYS Bag Waste Reduction Act, prohibits the distribution of plastic carryout bags by any person required to collect sales tax in the state of New York. The law took effect on March 1, 2020, and was enforced starting October 19, 2020.
There is no national plastic bag fee or ban currently in effect in the United States. However, the following states have banned disposable bags: California, Colorado, Connecticut, Delaware, Hawaii, Maine, New Jersey, New York, Oregon, Rhode Island, Vermont, and Washington.
Reusable grocery bags in California must be made with a minimum of 40% post-consumer recycled material, be certified as recyclable in the state, and be at least 2.25 mils thick. Stores in California must charge at least 10 cents per compostable bag, and they are required to provide a reusable grocery bag or a recycled paper bag free of charge to customers using certain payment methods.
