Signed by Governor Janet Mills

Vote Smart's Synopsis:

Vote to pass a bill that prohibits single-use plastic bags.

Highlights:

• Prohibits a retail establishment from providing a single-use carry-out bag to a customer at the point of sale, or otherwise make single-use bags available to customers (Sec. 2).

• Exempts the following from the above prohibition (Sec. 2):

• Bags provided by a pharmacy to a customer for transporting a prescription medication away from the store;

• Bags without handles used to protect items from being damaged or from damaging or contaminating other purchased items placed in a recycled paper bag or reusable container;  

• Bags used by customers inside a retail establishment to package loose items such as fruits, vegetables, coffee, nuts, bakery goods, etc; 

• Laundry, dry cleaning or garment bags, including bags provided by a hotel to guests to contain wet or dirty clothing, or bags provided to protect large garments like suits or dresses; 

• Newspaper bags;

• Bags sold in packages containing multiple bags intended to contain garbage or waste;

• Bags used to contain live animals, such as fish or insects, sold in pet stores;

• Bags used for vehicle tires;

• Bags used to transport chemical pesticides, drain cleaning  chemicals, or other chemicals sold at a retail establishment.

• Bags used by a hunger relief organization to distribute food directly to the consumer at no charge; and

• Bags that customers bring to the retail establishment for their own use.

• Authorizes a retail establishment to use a recycled paper bag or a reusable bag made of plastic to bag products at the point of sale, provided the establishment charges a fee of at least 5 cents per bag (Sec. 3).

• Exempts the following retail establishments from the 5 cent charge requirement stated above, but specifies the establishment can charge a recycled bag or reusable bag fee (Sec. 3):

• Stores at which less than 2 percent of retail sales are attributed to the sale of food and that have less than 10,000 square feet of retail area;

• Restaurants; and 

• Hunger relief organizations engaged in distributing food directly to consumers at no charge. 

• Defines “retail establishment” as a store, restaurant, or temporary business (Sec. 1).

• Defines “recyclable paper bag” as a paper bag that is 100 percent recyclable and contains at least 20 percent post-consumer recycled material if it has a capacity to hold at least 8 pounds (Sec. 1).

• Defines “single use carry-out bag” as a bag that is made out of plastic, paper, or other material provided by a retail establishment at the point of sale for the purpose of transporting merchandise away from the retail establishment and that is not a recycled paper or reusable bag (Sec. 1). 

• Defines “reusable bag” as a bag with handles that is designed and manufactured to withstand a minimum of 75 repeated uses, is machine washable, is made from plastic at least 4 mils thick, and has the capacity of carrying a minimum of 18 pounds (Sec. 1).

• Specifies that a local government may not adopt an ordinance regulating single-use carry-out bags at retail establishments, and any ordinance in effect beginning April 22, 2020 will become void and have no force or effect (Sec. 5).

Vote Smart's Synopsis:

Vote to pass a bill that prohibits single-use plastic bags.

Highlights:

• Prohibits a retail establishment from providing a single-use carry-out bag to a customer at the point of sale, or otherwise make single-use bags available to customers (Sec. 2).

• Exempts the following from the above prohibition (Sec. 2):

• Bags provided by a pharmacy to a customer for transporting a prescription medication away from the store;

• Bags without handles used to protect items from being damaged or from damaging or contaminating other purchased items placed in a recycled paper bag or reusable container;  

• Bags used by customers inside a retail establishment to package loose items such as fruits, vegetables, coffee, nuts, bakery goods, etc; 

• Laundry, dry cleaning or garment bags, including bags provided by a hotel to guests to contain wet or dirty clothing, or bags provided to protect large garments like suits or dresses; 

• Newspaper bags;

• Bags sold in packages containing multiple bags intended to contain garbage or waste;

• Bags used to contain live animals, such as fish or insects, sold in pet stores;

• Bags used for vehicle tires;

• Bags used to transport chemical pesticides, drain cleaning  chemicals, or other chemicals sold at a retail establishment.

• Bags used by a hunger relief organization to distribute food directly to the consumer at no charge; and

• Bags that customers bring to the retail establishment for their own use.

• Authorizes a retail establishment to use a recycled paper bag or a reusable bag made of plastic to bag products at the point of sale, provided the establishment charges a fee of at least 5 cents per bag (Sec. 3).

• Exempts the following retail establishments from the 5 cent charge requirement stated above, but specifies the establishment can charge a recycled bag or reusable bag fee (Sec. 3):

• Stores at which less than 2 percent of retail sales are attributed to the sale of food and that have less than 10,000 square feet of retail area;

• Restaurants; and 

• Hunger relief organizations engaged in distributing food directly to consumers at no charge. 

• Defines “retail establishment” as a store, restaurant, or temporary business (Sec. 1).

• Defines “recyclable paper bag” as a paper bag that is 100 percent recyclable and contains at least 20 percent post-consumer recycled material if it has a capacity to hold at least 8 pounds (Sec. 1).

• Defines “single use carry-out bag” as a bag that is made out of plastic, paper, or other material provided by a retail establishment at the point of sale for the purpose of transporting merchandise away from the retail establishment and that is not a recycled paper or reusable bag (Sec. 1). 

• Defines “reusable bag” as a bag with handles that is designed and manufactured to withstand a minimum of 75 repeated uses, is machine washable, is made from plastic at least 4 mils thick, and has the capacity of carrying a minimum of 18 pounds (Sec. 1).

• Specifies that a local government may not adopt an ordinance regulating single-use carry-out bags at retail establishments, and any ordinance in effect beginning April 22, 2020 will become void and have no force or effect (Sec. 5).

Full Bill Text