As of March 1, stores in New York State are no longer permitted to provide single-use plastic bags to customers.
Legislators approved a ban on plastic carry-out bags in March of last year. The legislation will affect anyone required to pay New York State sales tax.
The ban is intended to help fight climate change and reduce litter. According to the New York Plastic Bag Task Force created by Governor Andrew Cuomo, 23 billion plastic bags are used in the state of New York each year.
“Plastic bags are used on average just 12 minutes before being trashed,” said Julie Raskin, executive director of Foundation for New York’s Strongest, “yet last hundreds or thousands of years in a landfill.”
There are some exceptions to the ban on plastic carry-out bags.
Businesses are permitted to use plastic bags to contain uncooked meat or fish, or to allow customers to carry take-out food. Pharmacies may provide plastic bags for customers picking up prescription drugs.
Counties and cities will have the choice to opt into a provision mandating a five-cent charge for paper bags. Revenue will go to the Environmental Protection Agency as well as a separate fund to buy reusable bags for consumers.
Nassau County is not participating in the five-cent paper bag charge. Nassau County Legislator Debra Mulé told Blank Slate Media that she was disappointed in the decision. Mulé noted that the county never got the chance to consider the option. Presiding Officer Richard Nicolello (R-New Hyde Park) made the decision to opt out of the paper bag charge, saying that it was “dead on arrival” in Nassau County, according to Mulé.
In counties and cities that have enacted the paper bag provision, some fear that it will place an economic burden on consumers.
Stipulations aimed to offset the possible economic burden placed on low-income shoppers are built into the legislation. The paper bag fee will not apply to Supplemental Nutrition Assistance Program or Special Supplemental Nutrition Program for Women, Infants, and Children recipients.
Others worry that the legislation will cause hardship for small businesses. Some small business owners have cited the paper bag shortage that manufacturers predict will occur following the enactment of the legislation as reason for concern.
Mulé stated that she sees no reason for local businesses to worry.
“This is something we’ve done in Suffolk County and the City of Long Beach,” said Mulé. “It’s my understanding that it had no effect on small businesses.”
Prior to the enactment of the ban at a state level, there had long been talk of Nassau County following in its neighbors’ footsteps. Mulé said that she crafted legislation that would curtail disposable bag use, but the ban never got off the ground.
The general availability of paper bags is a source of worry as well. The New York Post reported that paper bag industry insiders informed them that sturdy paper bags with separate handles, such as those stocked by Whole Foods and Trader Joe’s, are generally not available to independent retailers.
Mulé commented that the intent of the law is to encourage consumers to switch to reusable bags, not disposable paper bags.
“The goal is to reduce the amount of waste we have,” she said.
“This is going to be frustrating and inconvenient at first and then everyone will get used to it,” predicted Adrienne Esposito, executive director of the Farmingdale-based Citizen Campaign for the Environment. “Protecting the earth may not be convenient but it is worth doing.”
New York is one of eight states to impose a ban on single-use plastic bags. California became the first state to impose a ban on plastic bags in August 2014. Local governments throughout the US have enacted bans as well.
Fourteen states have laws restricting local governments’ ability to enact a ban. Industry-backed bills in some states block counties, cities and towns from adopting such legislation.
Suffolk County attempted to enact a plastic bag ban in 1988. The industry sued Suffolk County and the ban was ultimately repealed.
In the same year, Glen Cove successfully passed a plastic bag ban modeled on the Suffolk County legislation, under then-Mayor Thomas Suozzi. The New York Times reported at the time of the ban’s enactment that the city ordinance met with little public outcry.
“It’s not a perfect bill,” said Mulé, referring to the new legislation, “but it’s a step in the right direction.”
