Though a statewide ban on plastic bags officially took effect on Sunday, the New York State Department of Environmental Conservation said on Friday that it would not begin enforcement of the action until April 1. The postponement stems from a challenge brought in Albany County Supreme Court by a Long Island manufacturer of plastic bags, an industry association representing 5,000 stores, and a Bronx bodega owner.
The website Politico reported on Friday that the plaintiffs sought a temporary restraining order to block the ban on the distribution of plastic carryout bags by anyone required to collect state sales tax, which they say is unconstitutional and contains contradictory and vague components.
Previously enacted bans in the Towns of East Hampton and Southampton, both of which took effect in 2015, remain in place.
Gov. Andrew M. Cuomo signed the Bag Waste Reduction Act last year on April 23, Earth Day. In addition to banning distribution, it authorizes counties and municipalities to adopt a 5-cent paper carryout bag reduction fee, assessed to consumers for each bag provided. Suffolk County opted to assess the 5-cent-per-bag fee.
Stores covered under the act are not required to have bags available for customers. They are required to collect plastic bags and other film plastics from consumers for recycling, however.
Bags used to contain items including uncooked meat or seafood, food sliced or prepared to order, or items from bulk containers like fruits, vegetables, and grains are exempt from the ban, as are thicker plastic bags classified as “10 mil.” Also exempt are bags used by restaurants for carryout food, garbage bags, bags for prescription drugs, and garment bags used by dry cleaners.
The law stipulates that violators receive a warning for the first offense. A violation after the warning can carry a fine of $250, and $500 for subsequent violations in the same calendar year.
A statement the D.E.C. provided on Monday said that the agency “will continue its ongoing outreach and education efforts to help achieve compliance, focusing on informing the public and regulated entities about the law and its requirements. However, if there are retailers that remain in violation of the law, they will receive a warning for the first violation.” The statement goes on to list the penalties for subsequent violations.
The D.E.C. is encouraging consumers to take reusable bags when shopping, and before the ban took effect conducted a campaign called #BYOBagNY to freely distribute such bags at food pantries and other locations. Last month, the Stop & Shop supermarket chain gave reusable bags to customers in Suffolk and Nassau Counties who took plastic bags there for recycling.
