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This entry was published on 2020-03-06
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SECTION 27-2801
Definitions
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 27, TITLE 28
§ 27-2801. Definitions.

As used in this title:

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) 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) bags provided by a
pharmacy to carry prescription drugs.

2. "Plastic carryout bag" means any 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 twenty-eight of the tax law.

3. "Paper carryout bag" means a paper 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 twenty-eight of the tax law.

4. "Reusable bag" means a bag: (a) made of cloth or other machine
washable fabric that has handles; or (b) a durable bag with handles that
is specifically designed and manufactured for multiple reuse.

5. "Person required to collect tax" means any vendor of tangible
personal property subject to the tax imposed by subdivision (a) of
section eleven hundred five of the tax law.