New York's Bag Waste Reduction Act bans most single-use plastic carryout bags statewide and preempts local bag laws other than authorized paper bag fees.
Environmental Conservation Law Article 27, Title 28 prohibits any person required to collect sales tax from distributing plastic carryout bags, with limited exceptions for produce, prescription, restaurant takeout, and bulk bags. Counties and cities may authorize a 5-cent fee on paper carryout bags, but ECL § 27-2805 expressly preempts other local plastic-bag rules so the statewide standard governs. The Department of Environmental Conservation enforces through warnings, civil penalties, and on-site inspections. Reusable bags must meet durability standards.
Civil penalties up to $250 for a first violation and up to $500 per subsequent violation per day are authorized.
See how New York's plastic bag rules rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.