Signed by Governor Andrew Cuomo

Vote Smart's Synopsis:

Vote to pass a bill that prohibits retail stores from using plastic bags to bag its products, effective immediately.

Highlights:

• Prohibits any person required to collect taxes may distribute plastic carryout bags to its customers (Part H, Sec. 1).

• Defines “plastic carryout bag” as any plastic bag that is provided to a 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 services sold is exempt from tax (Part H, Sec. 1).

• Defines “exempt bag” as a bad the following (Part H, Sec.1):

• Used solely to contain or wrap uncooked meat, fish, or poultry;

• Bags used by a customer solety to package bulk items;

• Bags used solely to contain food sliced or prepared to order;

• Bags used solely to contain a newspaper for delivery;

• Bags sold in bulk to a consumer at the point of sale;

• Trash bags;

• Food storage bags;

• Garment bags;

• Plastic carryout bags provided by a restaurant or food service establishment; and

• Bags provided by a pharmacy to carry prescription drugs.

• Authorizes any city or county, acting through its legislative body, to adopt and amend local laws, ordinances, or resolutions imposing a paper carryout bag reduction fee within the territorial limits of such city or county, to take effect by March 1, 2020, along with imposing a 5 cent fee (Part H, Sec. 1).

• Specifies that violations of this Act by a person required to collect sales tax shall receive a warning notice upon first violation, a civil penalty of $250 for a second violation, and a $500 penalty for all subsequent violations within the same calendar year (Part H, Sec. 1).

Vote Smart's Synopsis:

Vote to pass a bill that prohibits retail stores from using plastic bags to bag its products, effective immediately.

Highlights:

• Prohibits any person required to collect taxes may distribute plastic carryout bags to its customers (Part H, Sec. 1).

• Defines “plastic carryout bag” as any plastic bag that is provided to a 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 services sold is exempt from tax (Part H, Sec. 1).

• Defines “exempt bag” as a bad the following (Part H, Sec.1):

• Used solely to contain or wrap uncooked meat, fish, or poultry;

• Bags used by a customer solety to package bulk items;

• Bags used solely to contain food sliced or prepared to order;

• Bags used solely to contain a newspaper for delivery;

• Bags sold in bulk to a consumer at the point of sale;

• Trash bags;

• Food storage bags;

• Garment bags;

• Plastic carryout bags provided by a restaurant or food service establishment; and

• Bags provided by a pharmacy to carry prescription drugs.

• Authorizes any city or county, acting through its legislative body, to adopt and amend local laws, ordinances, or resolutions imposing a paper carryout bag reduction fee within the territorial limits of such city or county, to take effect by March 1, 2020, along with imposing a 5 cent fee (Part H, Sec. 1).

• Specifies that violations of this Act by a person required to collect sales tax shall receive a warning notice upon first violation, a civil penalty of $250 for a second violation, and a $500 penalty for all subsequent violations within the same calendar year (Part H, Sec. 1).