NY State Plastic Bag Ban takes effect March 1

The New York State Bag Waste Reduction Act prohibits the distribution
of plastic carryout bags by retailers in New York State

Effective at the beginning of March, NY State has banned many retail stores from using or providing plastic bags for customer transactions. There are however notable exceptions to the new legislation for businesses such as carry out food orders, bags for pharmaceutical prescriptions, and more. To get clear on what the bag ban means and how it may effect you or your business, read the information compiled below.*

For Businesses:

Businesses that are not exempt from the law are required to provide paper bags to consumers and must charge a 5 cent paper bag fee per bag. SNAP and WIC recipients are exempt from this fee. Businesses must show the transaction of the paper bags clearly on receipts and shall state the number of bags provided to the customer. The paper carryout bag reduction fee must be reported and paid to the state commissioner of taxation and finance on a quarterly basis.
 
Q: Which retailers are no longer allowed to provide plastic bags?
A: Any business required to collect tax will no longer be able to provide plastic carryout bags. This includes but is not limited to: clothing stores, convenience stores, drug stores, green carts, grocery stores, hardware stores, liquor stores, office supply stores, pharmacies, and food service establishments located within the above stores.
 
Q: What does the term "plastic carryout bag" mean? Does this include all plastic bags?
A: As provided in proposed Part 351 draft regulations 'Plastic carryout bag' means any film plastic bag, other than an exempt bag, that is provided to a customer by a person required to collect tax to be used by the customer to carry tangible personal property, regardless of whether such person required to collect tax sells any tangible personal property or service to the customer, and regardless of whether any tangible personal property or service sold is exempt from tax under Article 28 of the New York State Tax Law.
 
Q: What is an "exempt bag"?
A: Provided by a restaurant, tavern, or similar food service establishment, as defined in the state sanitary code, to carry out or deliver food; Used as a garment bag, such as those used by a dry cleaner or laundry service; Used solely to contain or wrap uncooked meat, fish, seafood, poultry, or other unwrapped food, flower, or plant items; Used by a customer solely to package items from bulk containers, including fruits, vegetables, grains, candy, small hardware items (such as nuts, bolts, and screws), live fish, or live insects; Used solely to contain food sliced or prepared to order; Used solely to contain a newspaper for delivery to a subscriber; Sold in bulk quantities to a consumer at the point of sale that were specifically prepackaged; in a manner to allow for bulk sale (for example, quantities of bags prepackaged in individual pre-sealed boxes) or prepackaged in individual boxes or containers for sale to a customer; Sold as a trash bag; Sold as a food storage bag, such as those in snack, sandwich, quart, and gallon sizes; Provided by a pharmacy to carry prescription drugs. If an item or circumstance falls under the exempt bag list then it is not affected by the ban.
 
Businesses affected by the plastic bag ban and paper carryout bag reduction fee should make preparations as soon as possible. Order paper bags, prepare to have reusable bags available for sale, and make sure your receipts reflect the paper bag fee correctly. Information about fee reporting is available from the NYS Department and Tax and Finance.

The law goes into effect March 1st, 2020. There is no grace period. The first offense for noncompliance will be a warning, but a second offense will be a monetary fine.

For shoppers:

In transactions not involving exempt bags, businesses will either provide you paper bags with a fee of 5 cents per bag or you can bring your own reusable bag at no cost. WIC and SNAP recipients will not be charged a fee for using paper bags.

Please direct questions to NYS DEC at 518-402-8706

More information can be found here from the NY DEC.

Gothamist has also provided a guide for navigating the ban.

* Information compiled by Jerome-Gun Hill BID.

Join our team—Now seeking Neighborhood 360° Fellow applicants

The BID was selected as a fellow host site by the NYC Department of Small Business Services

The BID hosted a tour of the district for the 2019 class of Times Square Alliance fellows this past summer

The Grand Street BID has been selected by the NYC Department of Small Business Services (SBS) as a host site for the 2020-21 class of Neighborhood 360° Fellows. That means that we are now looking for applicants to our join our team this summer through the SBS training program.

Neighborhood 360° Fellows help community-based organizations complete commercial revitalization projects and connect local stakeholders to City resources. The fellows are paid by SBS and are full-time community development professionals, community organizers, or planners. The goal of the program is to build a network of leaders prepared with commercial revitalization expertise and experience in New York City neighborhoods. The fellow will work in our office as an integral member of our team from June 2020 through March 2021 while also being a member of the Neighborhood 360° Fellows cohort, attending SBS hosted talks, training and group learning sessions throughout the fellowship.

With the Grand Street BID—the fellow will be primarily tasked with improving the BID’s outreach to residents, merchants, and property owners while improving the services the organization provides. More information about the project can be found in the Grand Street host project guidelines.

Fellows should be NYC residents within 90 days of starting, have a year of experience in community outreach or organizing, and have an interest in development of the Grand Street community. See the SBS fellow guidelines here. This is an opportunity for emerging professionals or anyone looking to enter the world of non-profits, urban planning, or community development. However, Fellows who typically have the best experiences are familiar with their host neighborhood—so local applicants are especially encouraged to apply.

Applications are open now and will close on March 8th—applications must be submitted directly NYC Department of Small Business Services. The first round of interviews will be conducted in April. Join our team and gain critical, hands-on experience working for a community-based organization.

Want to learn more? Join SBS for an upcoming webinar on February 5th or 13th. Details and RSVP here. Or join SBS in person for a meet and greet Feb 25th.

SBS Commissioner Gregg Bishop speaking with a Fellow cohort.