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.

Disclaimer: The information on this website is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your specific situation. S. Walter Packaging does not warrant the accuracy, adequacy or completeness of the information and materials contained in this site or the compliance with any particular federal, state or local laws and expressly disclaims liability for any errors or omissions in the information and materials.