The bill aims to mitigate the environmental impact of single-use plastic carryout bags by prohibiting their use in retail settings and instituting a pass-through charge for compliant paper and reusable bags. Retail establishments will be required to charge customers for these bags, with exemptions for individuals utilizing state-administered assistance programs. The legislation mandates that the bags provided must contain recycled content or be made from nonwood renewable fiber, while also promoting the use of reusable bags. To address inconsistencies in local regulations, the bill seeks to standardize requirements across the state, easing the burden on retailers.
Key amendments include a refined definition of carryout bags, excluding certain types such as those for bulk items or perishable goods, and the introduction of a tiered pass-through charge system that increases over time, with all revenue retained by retail establishments. The bill also outlines enforcement mechanisms based on complaints and establishes a civil penalty of up to $250 for violations, with each day of non-compliance considered a separate offense. Additionally, it preempts any local carryout bag ordinances, ensuring uniformity in regulations, and is set to take effect on January 1, 2028.
Statutes affected: Original bill: 70A.530.005, 70A.530.020, 70A.530.030, 70A.530.040, 70A.530.050
Substitute bill: 70A.530.005, 70A.530.020, 70A.530.030, 70A.530.040, 70A.530.050
Second substitute: 70A.530.005, 70A.530.020, 70A.530.030, 70A.530.040, 70A.530.050