State Preemption Bill may eliminate New York City’s BYO Bag Law


Last May, the New York City Council adopted the BYO Bag law, which requires that all retailers in NYC charge a 5-cent minimum fee for each carryout bag provided at check-out. Later that month, the State of New York introduced preemption legislation, resulting in a compromise whereby implementation of the law was delayed from October 1, 2016 until February 15, 2017.

To start the new year, companion preemption bills were reintroduced in Albany: Senate Bill 362 and Assembly Bill 1750. On Jan 17, 2017, the New York state Senate passed Senate Bill 362 by a vote of 42-18. The bill will now head to the State Assembly, where parallel legislation is being considered.

Be sure to check our website regularly for updates on single use bag legislation that is pending or being implemented. Our retail packaging specialists stay on top of the ever changing market conditions. We can help you navigate bag legislation in the municipalities you sell into and select the best packaging for your stores. If you have any questions, you can contact us by phone at (888) 429-5673 or via email at baglaws@swalter.com.

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