S T A T E O F N E W Y O R K
________________________________________________________________________
1199
2023-2024 Regular Sessions
I N A S S E M B L Y
January 13, 2023
___________
Introduced by M. of A. EPSTEIN -- read once and referred to the Commit-
tee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
prohibiting the distribution of plastic garment bags
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 1 and 4 of section 27-2801 of the environ-
mental conservation law, as added by section 2 of part H of chapter 58
of the laws of 2019, are amended to read as follows:
1. "Exempt bag" means a bag: (a) used solely to contain or wrap
uncooked meat, fish, or poultry; (b) bags used by a customer solely to
package bulk items such as fruits, vegetables, grains, or candy; (c)
bags used solely to contain food sliced or prepared to order; (d) bags
used solely to contain a newspaper for delivery to a subscriber; (e)
bags sold in bulk to a consumer at the point of sale; (f) trash bags;
(g) food storage bags; (h) [garment bags; (i)] bags prepackaged for sale
to a customer; [(j)] (I) plastic carryout bags provided by a restaurant,
tavern or similar food service establishment, as defined in the state
sanitary code, to carryout or deliver food; or [(k)] (J) bags provided
by a pharmacy to carry prescription drugs.
4. "Reusable bag" means a bag: (a) made of cloth or other machine
washable fabric [that has] WITH OR WITHOUT handles; or (b) a durable bag
with OR WITHOUT handles that is specifically designed and manufactured
for multiple reuse.
§ 2. Subdivision 1 of section 27-2803 of the environmental conserva-
tion law, as added by section 2 of part H of chapter 58 of the laws of
2019, is amended to read as follows:
1. No person required to collect tax shall distribute any plastic
carryout bags to its customers unless such bags are exempt bags as
defined in subdivision one of section 27-2801 of this title; PROVIDED,
HOWEVER, AFTER THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03576-01-3
A. 1199 2
THOUSAND TWENTY-THREE THAT AMENDED THIS SUBDIVISION, A RETAILER MAY USE
AND A MANUFACTURER MAY SELL ITS CURRENT INVENTORY OF PLASTIC GARMENT
BAGS UNTIL SUCH BAGS ARE OUT OF STOCK. NO RETAILER SHALL IMPORT ANY
PLASTIC GARMENT BAG FROM OUT OF STATE.
§ 3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law. Effective immediately,
the addition, amendment and/or repeal of any rule or regulation neces-
sary for the implementation of this act on its effective date are
authorized to be made and completed on or before such effective date.