PRINTER'S NO. 3734
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2624
Session of
2024
INTRODUCED BY MADDEN, KHAN, STEELE, SCOTT, McNEILL, SANCHEZ,
HILL-EVANS, PROBST, VITALI, McANDREW, SAPPEY, GREEN, DALEY,
A. BROWN, WEBSTER, ROZZI, HANBIDGE, BRENNAN, KENYATTA, MERSKI
AND SHUSTERMAN, OCTOBER 8, 2024
REFERRED TO COMMITTEE ON CONSUMER PROTECTION, TECHNOLOGY AND
UTILITIES, OCTOBER 8, 2024
AN ACT
1 Prohibiting single-use plastic bags in retail establishments;
2 and imposing duties on the Department of Community and
3 Economic Development.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Short title.
7 This act shall be known and may be cited as the Retail
8 Establishment Bag Prohibition Act.
9 Section 2. Definitions.
10 The following words and phrases when used in this act shall
11 have the meanings given to them in this section unless the
12 context clearly indicates otherwise:
13 "Department." The Department of Community and Economic
14 Development.
15 "Exempted bag." Any of the following:
16 (1) A bag used inside a retail establishment by a
17 customer to deliver perishable items to the point-of-sale at
 1 that establishment, including any of the following:
2 (i) To package bulk items, including fruit,
3 vegetables, nuts, grains or candy.
4 (ii) To contain or wrap meats or fish.
5 (iii) To contain unwrapped prepared foods or bakery
6 goods or to contain or wrap flowers, potted plants or
7 similar items.
8 (iv) To package medications distributed through a
9 pharmacy.
10 (2) A bag sold in packaging containing multiple bags and
11 packaged at the time of manufacture of the bag, including
12 food storage, garbage containment or pet waste collection
13 bags.
14 (3) A bag used by a dry cleaning establishment to
15 protect a customer's garments.
16 (4) A recycled paper bag used by a retail establishment
17 to deliver products directly to a customer.
18 "Food instrument." As defined under section 2 of the act of
19 June 10, 2024 (P.L.387, No.22), known as the WIC State Advisory
20 Board Act.
21 "Plastic." A synthetic material made from linking monomers
22 through a chemical reaction to create a polymer chain that can
23 be molded or extruded at high heat into various solid forms that
24 retain their defined shapes during their life cycle and after
25 disposal, including material derived from either petrochemicals
26 or a biologically based polymer, including corn or other plant
27 sources.
28 "Recycled paper bag." As follows:
29 (1) A paper bag that meets the following:
30 (i) Contains no old growth fiber.
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 1 (ii) Contains a minimum of 40% post-consumer
2 recycled content.
3 (2) The term does not include an exempted bag.
4 "Retail establishment." As follows:
5 (1) A location where food or other products are offered
6 to the public for direct sale or delivery to a customer,
7 including the following:
8 (i) A supermarket.
9 (ii) A convenience store.
10 (iii) A service station.
11 (iv) A department store.
12 (v) A discount store.
13 (vi) A clothing store.
14 (vii) A restaurant.
15 (viii) A food truck.
16 (ix) A farmers' market.
17 (x) A delivery service.
18 (2) The term does not include dry-cleaning
19 establishments or pharmacies.
20 "Single-use plastic bag." A bag made from plastic that is
21 made through a blown-film extrusion process. The term does not
22 include an exempted bag.
23 Section 3. Retail establishment bag prohibition.
24 (a) General rule.--A retail establishment may not provide a
25 single-use plastic bag or a paper bag other than a recycled
26 paper bag to a customer at the retail establishment or through a
27 delivery.
28 (b) Exemption.--The prohibition under subsection (a) and the
29 fee established under section 5(a) shall not apply to an
30 individual making a purchase through the use of a food
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 1 instrument issued under The Pennsylvania Special Supplemental
2 Nutrition Program for Women, Infants and Children.
3 Section 4. Signage requirement.
4 After the effective date of this section until January 31,
5 2024, a retail establishment shall post conspicuous signage at
6 all customer entrances to the retail establishment or at all
7 points of sale that states the following:
8 (1) Single-use plastic bags and paper bags other than
9 recycled paper bags will no longer be provided by the retail
10 establishment as of the date that the prohibition begins.
11 (2) An explanation of which types of bags and which
12 purchases will be affected by the prohibition.
13 (3) Any other information required by the department.
14 Section 5. Use of recycled paper bags.
15 (a) Recycled paper bags.--A retail establishment may provide
16 a recycled paper bag to a consumer for an additional cost of not
17 less than 10¢ and not more than 25¢ per bag at the point of
18 sale.
19 (b) Retention.--All money collected by a retail
20 establishment under this section for the provision of a recycled
21 paper bag shall be retained by the retail establishment.
22 (c) Charge.--A charge for a recycled paper bag shall be
23 separately stated on a receipt provided to the customer at the
24 time of sale and shall be identified as the "Carry-Out Bag
25 Charge."
26 Section 6. Duties of the department.
27 The department shall:
28 (1) Develop a plan for providing education and
29 engagement of the public concerning the prohibition in this
30 act.
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1 (2) Promulgate regulations to implement the provisions
2 of this act.
3 (3) Develop written guidelines for the implementation of
4 this act. The guidelines shall be in effect until the
5 department promulgates regulations for the implementation of
6 the provisions of this act.
7 Section 7. Effective date.
8 This act shall take effect in one year.
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