130th MAINE LEGISLATURE
FIRST REGULAR SESSION-2021
Legislative Document No. 108
H.P. 74 House of Representatives, January 13, 2021
An Act To Improve Public Safety by Repealing the Single-use
Plastic Carry-out Bag Ban
Received by the Clerk of the House on January 11, 2021. Referred to the Committee on
Environment and Natural Resources pursuant to Joint Rule 308.2 and ordered printed pursuant
to Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative FAULKINGHAM of Winter Harbor.
Cosponsored by Senator GUERIN of Penobscot and
Representatives: CARMICHAEL of Greenbush, DUCHARME of Madison, GIFFORD of
Lincoln, GRIGNON of Athens, HALL of Wilton, KINNEY of Knox, PARRY of Arundel,
THORNE of Carmel.
Printed on recycled paper
 1 Be it enacted by the People of the State of Maine as follows:
2 Sec. 1. 38 MRSA §1605, as repealed by PL 2019, c. 346, §1, is reenacted to read:
3 §1605. Plastic bags; recycling
4 A retailer may use plastic bags to bag products at the point of retail sale only if the
5 retailer:
6 1. Location. Locates inside the store or within 20 feet of the main entrance to the
7 store a receptacle for collecting any used plastic bags; and
8 2. Recycles. Ensures that the plastic bags collected are recycled or delivered to a
9 person engaged in recycling plastics.
10 Sec. 2. 38 MRSA §1611, as amended by PL 2019, c. 617, Pt. J, §§1 and 2 and c.
11 674, §1, is repealed.
12 SUMMARY
13 This bill repeals the law restricting the use of single-use carry-out plastic bags by retail
14 stores and instead allows a retailer to use plastic bags to bag products at the point of retail
15 sale if the retailer locates inside the store or within 20 feet of the main entrance to the store
16 a receptacle for collecting any used plastic bags and ensures that the plastic bags collected
17 are recycled or delivered to a person engaged in recycling plastics.
18 The purpose of this repeal is to allow the use of single-use bags instead of reusable
19 bags and prevent the spread of disease that may exist on reusable bags.
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Statutes affected:
Bill Text LD 108, HP 74: 38.1611