New York Statewide Rule
New York Plastic Bag Ban Statewide
Key Facts
- Ban Effective
- Statewide March 2020
- Statute
- ECL §27-2801
- Paper Fee
- 5 cent permitted opt-in localities
- Fee Localities
- NYC, Suffolk, Tompkins, Albany
- Exemptions
- Produce, bulk, meat, prescription, takeout
- Compostable Ban
- Also banned for carryout
- Enforcement
- DEC and local health departments
Summary
The New York Bag Waste Reduction Law (Environmental Conservation Law §27-2801, enacted 2019, enforced March 2020) bans most single-use plastic carryout bags statewide. Counties and cities may impose a 5-cent paper bag fee. Reusable bags and certain product bags are exempt.
§ 27-2803. Plastic carryout bag ban. 1. No person required to collect tax shall distribute any plastic carryout bags to its customers unless such bags are exempt bags as defined in subdivision one of section 27-2801 of this title.
Full Breakdown
New York Environmental Conservation Law §27-2801 et seq., the Bag Waste Reduction Law, bans distribution of plastic carryout bags by sales-tax vendors statewide. Signed in April 2019, it 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 60% supporting the Environmental Protection Fund and 40% retained locally to distribute reusable bags to low-income households. New York City, Suffolk, Tompkins, and Albany counties, plus cities including Troy, White Plains, and New Rochelle, have adopted the fee. Exemptions cover produce, bulk-item, raw meat and fish, prescription, newspaper, restaurant takeout, and garment bags. Compostable bags do not qualify as substitutes.
Violations & Penalties
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.
Frequently Asked Questions
Are plastic bags banned in New York?
Do I have to pay 5 cents for a paper bag?
What bags are exempt from the ban?
Sources
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