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State legislatures have considered a number of measures to reduce the prevalence of plastic bags at grocery stores and other businesses.
Regulating bags can mitigate harmful impacts to oceans, rivers, lakes, forests and the wildlife that inhabit them. Reducing bag use can also relieve pressure on landfills and waste management.
While some states are focusing on implementing effective recycling programs, others are imposing bans or fees to discourage the use of plastic bags altogether.
Bans and Fees
In August 2014, California became the first state to enact legislation imposing a statewide ban on single-use plastic bags at large retail stores. The bill also required a 10-cent minimum charge for recycled paper bags, reusable plastic bags, and compostable bags at certain locations. The ban was set to take effect on July 1, 2015, but a referendum forced the issue onto the ballot in the November 2016 election. Proposition 67 passed with 52 percent of the vote, meaning the plastic bag ban approved by the Legislature remains the law. A detailed summary of the law can be found below. Voters also rejected a second measure, Proposition 65, which proposed to create an environmental fund with proceeds from a 10-cent charge for alternative bags.
Hawaii has a de facto statewide ban as all of its most populous counties prohibit non-biodegradable plastic bags at checkout, as well as paper bags containing less than 40 percent recycled material. Bans in Kauai, Maui and Hawaii counties took effect between 2011 and 2013, with Honolulu becoming the last major county to approve the ban in 2015.
In 2009, the District of Columbia enacted legislation requiring all businesses that sell food or alcohol to charge 5 cents for each carryout paper or plastic bag.
Notable Cities/Counties with Plastic Bag Bans and Fees
| Cities with Plastic Bag Bans |
Cities/Counties with Plastic Bag Fees |
- Austin, Texas
- Boston, Mass.
- Chicago, Ill.
- San Francisco, Calif.
- Seattle, Wash.
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- Boulder, Colo.
- Brownsville, Texas
- Montgomery County, Md.
- New York, N.Y.
- Portland, Maine
- Washington D.C.
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2017-2018 Legislative Summary
At least 73 bills have been introduced in state legislatures this session regarding the use of plastic bags in retail settings. Though the majority of bills propose a ban or fee on bags, or improve recycling programs, most enacted legislation in recent years deals with preemption of local government action.
States with Enacted Plastic Bag Legislation
Recycling Programs
States have a long history of pursuing legislation related to labeling, recycling, and reusing plastic bags. In 1991, Maine became the first state to enact legislation requiring recycling efforts at retail stores. The law prevents retailers from supplying plastic bags unless they provide a convenient storefront receptacle to ensure used bags are collected and recycled. Since then at least four other states—California, Delaware, New York and Rhode Island— and the District of Columbia have followed suit.
Enacted Plastic Bag State Legislation
|
State
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Citation
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Status
|
Summary
|
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Arizona*
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2015 Ariz. Sess. Laws, Chap. 271 (2015 SB 1241)
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Enacted
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Prevents a city, town or county from regulating the sale, use or disposition of plastic bags and other “auxiliary containers” by an owner, operator or tenant of a business, commercial building or multifamily housing property. The law does not prevent a city, town or county from continuing a voluntary recycling and waste reduction program.
|
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California
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2014 SB 270
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Put to Referendum, Passed
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As of July 1, 2015 certain large stores are prohibited from providing a single-use plastic carryout bag to a customer, unless the retailer makes that bag available for $0.10 and certain conditions are met.
|
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California
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2011 CA S 567
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Enacted
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Prohibits the sale of plastic products labeled as compostable, home compostable, or marine degradable unless it meets standard specifications. Provides for a civil penalty for a violation.
|
|
California
|
Cal. [Public Resources] Code § 42357.5
(2010 SB 228)
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Enacted
|
Requires manufacturers of compostable plastic bags to ensure that the bag is readily and easily identifiable from other bags. Prohibits a compostable plastic bag sold in the state from displaying a chasing arrow resin identification code or recycling symbol in any form.
|
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California
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2006 AB 2449
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Enacted
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Retail stores must adopt an at-store recycling program. Plastic bags used at retailers must have clearly printed “Please Return to a Participating Store for Recycling” on the bag.
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Delaware
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2009 HB 15; Amended by 2014 HB 198
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Enacted
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Encourages the use of reusable bags by consumers and retailers. Requires a store to establish an at-store recycling program that provides an opportunity for customers of the store to return plastic bags and requires all plastic carryout bags to display a recycling message.
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District of Columbia
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2010 B 150
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Enacted
|
Protects the aquatic and environmental assets of the District of Columbia, bans the use of disposable non-recyclable plastic carryout bags, establishes a fee on all other disposable carryout bags provided by certain retail stores, and establishes the recurring Anacostia River Cleanup and Protection Fund.
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Idaho*
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2016 HB 372
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Enacted
|
States that any regulation regarding the use, disposition or sale of plastic bags or other “auxiliary containers” shall be imposed only by a statute enacted by the legislature.
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Illinois
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2016 HR 1139
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Adopted
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Establishes "Recycle Thin Film Friday” in the State of Illinois as an effort to reclaim used thin-film plastic bags and to encourage consumers to use reusable bags.
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Maine
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2010 SB 131
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Enacted
|
Convenes a work group, through a partnership with state agencies and other appropriate entities, to work towards a viable solution to the checkout bag issue to achieve environmental benefits, maintain financial viability for manufacturers and retailers and avoid cost impacts, provides for a report to the legislature.
|
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Maine
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1991 LD 1166
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Enacted
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Retailers may only provide customers with plastic bags if there is a receptacle to collect used plastic bags within 20 feet of the entrance and all plastic bags collected are then recycled.
|
| Mississippi* |
2018 SB 2570 |
Enacted |
(Preemption) |
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Missouri*
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2015 HB 722
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Enacted
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Provides all merchants doing business in the state with the option to provide either paper or plastic bags. Prevents localities from imposing a ban, fee, or tax upon the use of either paper or plastic bags.
|
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New York
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2008 AB 11725
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Enacted
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Plastic Bag Reduction, Reuse and Recycling Act; retailers of stores are to establish in-store recycling programs that provide an opportunity for the customer to return clean plastic bags to be recycled. The plastic carryout bags provided by the store must have printed on them “Please Return to a Participating Store for Recycling.”
|
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North Carolina
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2010 SB 1018
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Enacted
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Reduces plastic and non-recycled paper bag use on North Carolina's Outer Banks. A retailer subject to certain provisions shall display a sign in a location viewable by customers saying “[county name] County discourages the use of single-use plastic and paper bags to protect our environment from excess litter and greenhouse gases. We would appreciate our customers using reusable bags, but if you are not able to, a 100% recycled paper bag will be furnished for your use."
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| North Carolina |
2017 HB 56 |
Enacted |
Repeals the eight-year ban on the use of plastic bags by retailers on the Outer Banks. |
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Rhode Island
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2008 SB 2565
|
Enacted
|
This legislation promotes the use of paper bags by retailers. Retail establishments must offer the use of a paper bags to the consumer. Every retail establishment that provides customers with plastic bags must provide conveniently located receptacles where customers can return their clean and dry plastic bags to be recycled. Failure to comply with these laws is punishable with fines up to $500.
|
*Preemption bill