New York State
Association of Beverage Centers

New York State Assoc.
of Beverage Centers

51 Garfield St, Bay Shore, NY 11706-7217

MENU

Suffolk Nickel-A-Bag Law Goes Into Effect January 1

Effective January 1, 2018, Suffolk County local law will require stores to charge customers a minimum of 5 cents for carryout bags. According to Suffolk officials, the purpose of the law is “to encourage consumers to use their own reusable bags for shopping and to reduce the environmental impacts associated with single use bags.”

The law does not require you to furnish bags, but if you do, you have to charge a minimum of 5 cents (you could charge more). You get to keep the nickel, and there are no recordkeeping requirements (except the bag charge has to be listed separately on the receipt) and no sign posting requirements.

Some FAQs:

All Bags Are Covered. You have to charge a minimum of 5 cents for every bag provided to customers, whether plastic or paper.

Bag Requirements.

Paper carryout bags must contain a minimum of forty percent post-consumer recycled content and be conspicuously labeled with the amount of post-consumer recycled content.

If plastic carryout bags are labeled as “compostable” then they must be certified as compliant with the ASTM D6400-12 standard specification for labeling of plastics designed to be aerobically composted in municipal or industrial facilities.

Plastic carryout bags cannot be labeled as “biodegradable,” “degradable,” or “decomposable”.

Grace Period on Fines. Through June 30, 2018 fines will not be assessed for non-compliance. During this period stores “will be educated on compliance.”

Free Holiday Bags. Stores may provide their customers with free bags from December 1 to December 15 each year.

The Fee is Taxable. Bag fees are taxable.

For more on the Suffolk law: http://suffolkcountyny.gov/Departments/HealthServices/PublicHealth/PublicHealthProtection/PlasticBagLaw.aspx