The plastic bag ban, which went into effect on March 1, was not immediately enforced due to COVID-19-related health concerns and a lawsuit aimed at reversing the legislation.
By Adam Redling, Waste Today
The New York State Department of Environmental Conservation (DEC) began enforcement of the state’s ban on single-use plastic carryout bags on Oct. 19. The plastic bag ban, which went into effect on March 1, was not immediately enforced due to COVID-19-related health concerns as well as an agreement between parties in a lawsuit brought by Poly-Pak Industries Inc., et al, in New York State Supreme Court that was aimed at reversing the ban; however, the court issued a decision on Aug. 20 upholding the law.
According to the DEC, “All plastic carryout bags (other than an exempt bag) became banned from distribution by anyone required to collect New York state sales tax. For sales that are tax exempt, plastic carryout bags are still not allowed to be distributed by anyone required to collect New York state sales tax (unless it is an exempt bag). The law affects anyone required to collect New York State sales tax, bag manufacturers and consumers.”
If a business distributes any non-exempt plastic carryout bags to its customers, DEC may take enforcement action against them. Violators will receive a warning notice for the first infraction.
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