New York Plastic Bag Ban Statewide

New York Environmental Conservation Law §27-2801 et seq. — the Bag Waste Reduction Law — bans the distribution of plastic carryout bags by any person required to collect state sales tax. The law was signed in April 2019 and took effect March 1, 2020 after court-imposed delays. Counties and cities may opt in to a 5-cent paper carryout bag fee under ECL §27-2805, with 40% supporting the Environmental Protection Fund and 60% supporting reusable bag distribution to low-income households. New York City, Suffolk County, Westchester, Tompkins, Albany, and Ulster have adopted the fee. Exemptions cover bags used to package bulk items, produce, raw meat/fish, prescriptions, newspapers, restaurant takeout food, and garment bags. Compostable bags do not qualify as substitutes.

Civil penalty up to $250 per violation for first offense, up to $500 for subsequent violations within 12 months under ECL §27-2807. DEC and authorized municipalities issue citations. Each day of non-compliance is a separate violation.