Senate Bill S544

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   544

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  Sen.  ALESI  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

AN ACT to amend the general  business  law,  in  relation  to  requiring
  retail businesses to restrict the use of non-compostable plastic bags

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
398-e to read as follows:
  S 398-E. REQUIRE BUSINESSES TO RESTRICT USE OF NON-COMPOSTABLE PLASTIC
BAGS. 1. BY NOVEMBER THIRTIETH, TWO THOUSAND TWELVE,  ALL  RETAIL  BUSI-
NESSES  SHALL  RESTRICT THE USE OF NON-COMPOSTABLE PLASTIC BAGS BY FIFTY
PERCENT OF THE CURRENT VOLUME AND BY TWO THOUSAND FOURTEEN, ALL NON-COM-
POSTABLE PLASTIC BAGS SHALL BE BANNED  FROM  USE  IN  THIS  STATE.  SUCH
RETAIL  BUSINESSES  SHALL  SUBMIT  A REPORT DOCUMENTING THE REDUCTION IN
USAGE OF NON-COMPOSTABLE PLASTIC BAGS TO THE  DEPARTMENT  ON  OR  BEFORE
NOVEMBER THIRTIETH, TWO THOUSAND TWELVE.
  2.  ON AND AFTER JANUARY FIRST, TWO THOUSAND FIFTEEN, ALL RETAIL BUSI-
NESSES SHALL PROVIDE AS CHECKOUT BAGS  TO  CUSTOMERS:  RECYCLABLE  PAPER
BAGS; AND/OR COMPOSTABLE BAGS; AND/OR REUSABLE BAGS.
  3.  FOR  THE  PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
THE FOLLOWING MEANINGS:
  A. "CHECKOUT BAG" TO MEAN A BAG PROVIDED BY A STORE AT  THE  POINT  OF
SALE FOR CUSTOMERS TO CARRY THEIR GOODS OUT OF THE STORE.
  B. "STORE" SHALL MEAN ANY "RETAIL MERCANTILE ESTABLISHMENT" AS DEFINED
BY SECTION TWO HUNDRED SEVENTEEN OF THIS CHAPTER AND/OR FOOD STORE.
  C.  "COMPOSTABLE  PLASTIC  BAG"  MEANS  A  PLASTIC  BAG THAT MEETS THE
CURRENT AMERICAN SOCIETY FOR TESTING AND MATERIALS INTERNATIONAL  STAND-
ARD  (ASTM)  D6400  FOR  COMPOSTABLE  PLASTIC,  AS  THAT STANDARD MAY BE
AMENDED FROM TIME TO TIME.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01369-01-9
              

S. 544                              2

  D. "RECYCLABLE PAPER BAG" MEANS A PAPER BAG THAT MEETS ALL THE FOLLOW-
ING REQUIREMENTS: CONTAINS NO OLD GROWTH FIBER; IS ONE  HUNDRED  PERCENT
RECYCLABLE OVERALL AND CONTAINS A MINIMUM OF FORTY PERCENT POST-CONSUMER
RECYCLED CONTENT; AND DISPLAYS THE WORDS "REUSABLE" AND "RECYCLABLE".
  E.  "REUSABLE  BAG"  MEANS  A  BAG  WITH  HANDLES THAT IS SPECIFICALLY
DESIGNED AND MANUFACTURED FOR MULTIPLE REUSE AND IS EITHER MADE OF CLOTH
OR OTHER MACHINE WASHABLE FABRIC AND/OR MADE OF DURABLE PLASTIC THAT  IS
AT LEAST 2.25 MILS THICK.
  F. "DEPARTMENT" SHALL MEAN THE CONSUMER PROTECTION BOARD.
  4. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICATION
MAY  BE  MADE  BY  THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE
STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION BY A SPECIAL
PROCEEDING TO ISSUE AN INJUNCTION, AND UPON NOTICE TO THE  DEFENDANT  OF
NOT  LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTINUANCE OF SUCH
VIOLATIONS; AND IF IT SHALL APPEAR TO THE SATISFACTION OF THE  COURT  OR
JUSTICE  THAT  THE  DEFENDANT  HAS,  IN  FACT, VIOLATED THIS SECTION, AN
INJUNCTION MAY BE  ISSUED  BY  SUCH  COURT  OR  JUSTICE,  ENJOINING  AND
RESTRAINING  ANY  FURTHER  VIOLATION,  WITHOUT  REQUIRING PROOF THAT ANY
PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED THEREBY. WHENEVER THE COURT
SHALL DETERMINE THAT A VIOLATION OF THIS SECTION HAS OCCURRED, THE COURT
MAY IMPOSE A CIVIL PENALTY OF NOT MORE THAN FIVE  THOUSAND  DOLLARS  FOR
SUCH  VIOLATION.  IN  CONNECTION WITH ANY SUCH APPLICATION, THE ATTORNEY
GENERAL IS AUTHORIZED TO TAKE PROOF AND  MAKE  A  DETERMINATION  OF  THE
RELEVANT FACTS AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRAC-
TICE LAW AND RULES.
  S 2. This act shall take effect immediately.