In about a week, New York State will finally catch up to European countries as well as the states of California and Hawaii by drastically reducing single-use plastic bags.
Beginning March 1st, retailers statewide are prohibited from handing out single-use plastic bags, in accordance with the legislature's ban on the bags last year. New York is now among eight states that have banned plastic bags. In addition, some municipalities have opted for a 5-cent paper bag fee, including New York City.
In the weeks leading up to the ban, manufacturers have raised fears over a paper bag shortage, store owners have started selling plastic bags as reusable, and gripes that the ban will be more difficult for men have surfaced. A “Plan the Ban” rally at City Hall with a cohort of politicians and bodega and supermarket groups is planned for Thursday afternoon.
Environmental advocates remain critical of what they see as a loophole that could open the door for thicker types of plastic bags to become commonplace, specifically those with a thickness of 10 mil. (One mil is one-thousandth of an inch.) DEC has countered that bags of that level of thickness aren’t currently manufactured for widespread use and it would be nonviable to do so, though advocates fear it could open the door for the industry to begin manufacturing the thicker bags.
On Monday, the Department of Environmental Conservation released its final list of regulations for the bag ban, removing some language that allowed for plastic bags on a case-by-case basis and other clarifications.
The law is aimed at reducing the estimated 23 billion plastic bags a year New Yorkers use, ending up in waterways and landfills, littering trees, and harming wildlife.
But the new law isn’t simply an end to all plastic bags in the state; there are some exceptions—like for takeout food or if you’re buying crickets from a pet store (seriously).
We’ve put together a guide for what you should know about the upcoming bag ban:
When does the law go into effect?
March 1st, but the Department of Environmental Conservation doesn’t begin enforcement for a few more months.
How much are the fines for retailers?
Retailers who violate the law will get a warning for their first violation. After a warning, retailers get a $250 fine. For violations after that in the same calendar year, penalties are $500.
What places will no longer be allowed to provide plastic bags?
All store operators, mall operators, and manufacturers that collect state taxes. That includes grocery stores, clothing stores, bodegas, gas stations and others.
Is every single type of plastic bag banned?
No. There are a series of “exempt bags” that the DEC has detailed in its regulations to implement the law—like plastic bags for takeout food or prescriptions at the pharmacy.
Here’s a list of plastic bags that are exempt:
- Uncooked animal products or other non-prepackaged food
- Flowers, plants, or other items that require plastic to avoid contamination, prevent damage, or for health purposes
- Bulk packaging of fruits, vegetables, grains, candy, hardware products like nuts, bolts, and screws, live insects like crickets, fish, crustaceans, mollusks, or other items that require a waterproof bag
- Sliced food or food prepared to order
- Newspapers for subscribers
- Prepackaged plastic bags sold in bulk, such as garbage bags, sandwich bags, or bags used for pet poop pick-up
- Dry-cleaner or laundry service clothing bags
- Pharmacy bags for prescription drugs
Why are bags for prescriptions and take-out food exempt?
The DEC says the exemptions are for privacy and health reasons, respectively. It is also how the law itself was written.
What am I supposed to use instead of a plastic bag?
You could opt for the most sustainable option: a reusable bag.
The state has decided that reusable bags are either made of cloth or non-film plastic that are washable, with at least one strap that doesn’t stretch and can hold 22 pounds of weight with a minimum use of 125 times.
Merchants are required to offer reusable bags for purchase.
Can I get one for free?
The city’s Sanitation Department is giving out free reusable bags as a part of a massive campaign to remind New Yorkers to “BYOBag.”
Find an event in your neighborhood here. Or take the Zero Waste Pledge online and the city will mail one to you.
I don’t want to use a reusable bag. Will there be paper bags?
Yes, but if you live in New York City, Suffolk County, or Tompkins County, you’ll pay a 5 cent fee per paper bag.
Those who use the Supplemental Nutrition Assistance Program, often known as food stamps, or the SNAP program for Women, Infants, and Children, are exempt from paying the fee.
What does the paper bag tax go towards?
The 5-cent fee is sent to the state’s Department of Taxation and Finance. Of all the fees collected, 40 percent is returned to the municipality, which is required to use the cash to purchase and give away reusable bags targeting low-income and fixed-income families. The rest of the 60 percent goes to the state’s Environmental Protection Fund.
Sydney Pereira breaks down the final version of regulations in New York State's imminent plastic bag ban on the Brian Lehrer Show: