Plastic Bag Regulations

Retail Council position

Oppose measures seeking to transform retail establishments into store-level recycling centers for plastic shopping bags, as well as attempts to prohibit the use of non-compostable plastic bags in general.  Similarly oppose legislation that would impose a point-of-sale tax on plastic shopping bags used by consumers to easily and effectively transport goods from stores to their homes.

Legislative action

A number of proposals introduced in 2007 would regulate the use of plastic bags in the retail marketplace, including:

A.8810-B (Sweeney) / S.6253 (Marcellino) would require certain retailers to implement in-store recycling programs for plastic bags and would require retailers to sell or offer reusable bags as an alternative.  The bill passed the Assembly and was held in the Senate Rules Committee.  The Retail Council opposes certain provisions within the current draft.  

The Retail Council opposes A.7173 (Ortiz), which would impose a 15 cent tax on plastic shopping bags.  The bill was held in the Assembly Ways and Means Committee.

S.4477 (Alesi) / A.8633 (Colton) would require retailers to reduce, by 50 percent, the use of non-compostable plastic bags by November 30, 2010 and would prohibit the use of non-compostable plastic bags by 2012.  The bill was advanced to third reading calendar in the Senate and was held in the Assembly Economic Development committee.  The Retail Council opposes.

At a glance

• Attempts to limit and/or prohibit the use of plastic shopping bags will do nothing to reduce the carbon footprint of retailers or their customers - paper bag alternatives are more harmful to the environment in a number of ways.  Paper shopping bags not only take 40 percent more energy to produce than plastic bags, but paper bags also generate 80 percent more waste than plastic bags, according to the Progressive Bag Alliance.
• Legislation requiring select retailers to transform valuable floor space into plastic bag recycling centers will not only be costly to the retailer, it will be unsanitary for the store employee who is trained to sell merchandise, not recycle it.  Apparel stores, in particular, would need to invest extraordinary amounts of time and money to revamp carefully constructed store layouts in order to accommodate recycling receptacles.
• Proposals mandating an in-store recycling program for plastic shopping bags must account for the product offering of each subsection of the retail industry.  A consumer spending $200 at a grocery store, for example, will leave with a plethora of plastic shopping bags, while the same customer in an apparel store will leave with just one.  This differentiation cannot be ignored and should not be addressed with a one-size-fits-all recycling mandate.  
• A New York-specific labeling requirement on plastic bags would serve as a costly, unfunded mandate, and would undermine the time, money and careful attention that is given to the design of shopping bags in order to appeal to the consumer and appropriately represent the store brand.  Important to note, too, is that there may be no significant correlation between a label indicating the bag can be recycled, and consumer behavior - a label requirement in no way guarantees that a bag will be properly recycled after its initial use.   
• A point-of-sale tax on plastic shopping bags would not encourage consumers to recycle or reuse plastic bags, it would simply serve as a roadblock that many consumers would overlook or bypass by using paper alternatives.  Urban shoppers, especially, would be negatively impacted by this regressive tax as they use plastic bags for the convenience and functionality that durable handles and weather-resistant designs offer.
• Consumer education, rather than unrealistic mandates on businesses, is a key component to recycling efforts.  The Retail Council will work constructively with lawmakers throughout 2008 to address concerns and work toward a viable solution for all stakeholders involved.