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Enforcement On Single-Use Plastic Bag Ban Begins Monday After Six Month Delay
By
David Cruz
Published Oct 18, 2020
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Mary Altaffer/AP/Shutterstock
By
David Cruz
Published Oct 18, 2020
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A statewide law banning single-use plastic bags at supermarkets, delis, and superstores will finally be enforced on Monday, following months of delay triggered by a lawsuit and the COVID-19 pandemic.
The Bag Waste Reduction Law took effect on March 1st as part of the state's eco-friendly goal of reducing the number of bags used across New York State, which currently stands at 23 billion a year. Businesses were initially given a grace period until April 1st, to give them time to adjust to the new law without getting fined.
But just as the law went into effect, the Bodega and Small Business Association sued the state and asked a judge to block enforcement of the new measure, claiming the law was "unconstitutional and inconsistent" in addition to causing financial harm. Then the COVID-19 outbreak caused courts to scale back their cases, postponing a decision on the lawsuit, and the state Department of Environmental Conservation eventually pushed back enforcement to May 15th, opting instead for educating businesses statewide.
Enforcement was delayed again to June, with the state allowing stores to continue offering plastic bags so that store clerks can avoid handling customers' reusable bags during the pandemic. The Centers for Disease Control and Prevention found there to be no evidence between virus transmission in plastic bags.
Finally, in August, State Supreme Court Justice Gerald W. Connolly ruled that the law can proceed following another two-month grace period.
"The Court's decision is a victory and a vindication of New York State's efforts to end the scourge of single-use plastic bags and a direct rebuke to the plastic bag manufacturers who tried to stop the law and DEC's regulations to implement it,” DEC Commissioner Basil Seggos said in a statement following the decision. "As we have for many months, DEC is encouraging New Yorkers to make the switch to reusable bags whenever and wherever they shop and to use common-sense precautions to keep reusable bags clean. The Court has ruled and DEC will begin to enforce the ban on October 19th. It's time to BYOBagNY."
Under the law, signed by Governor Andrew Cuomo on Earth Day in 2019, shoppers can bring in their own carryout bags to pack their groceries and other items. Stores can sell brown bags at five cents each, though families relying on food stamps, or the Women, Infants, and Children food program, are exempt from paying the fee. Stores can also sell reusable bags at a higher price.
Businesses may still use plastic bags for prescription drugs, newspapers for subscribers, take-out meals, sliced food, and dry cleaning.
Revenue from the 5 cent paper bag fee will be split between the state’s Environmental Protection fund and a city initiative provides free reusable bags to New Yorkers. Retailers violating the bag ban will face a warning, but a $250 on the second offense, and a $500 for subsequent offenses in the same calendar year.
Still got questions about the plastic bag ban means for you and the planet? Step right this way.
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David Cruz
David is a former WNYC and Gothamist editor.
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