Delaware Bag Legislations

Statewide Legislation

Status Approved
Status Date July 29, 2019
Plastic Summary
Requirements:
  • 2.25mil Min Plastic Bag Thickness
Reusable Definition A fabric or plastic carryout bag which meets all of the following requirements Is either a bag made of cloth or other fabric that has handles and is designed and manufactured to be used repeatedly , or b. ?is a durable plastic bag with handles that is at least 2.25 mils thick and Is designed and manufactured to be used repeatedly for at least 125 uses. Has a volume capacity of at least 4 gallons (equivalent to 15 liters or 924 cubic inches).  Is machine washable or made from a material that can be cleaned and disinfected.  Does not contain lead, cadmium, or any other toxic material that may pose a threat to public health. A reusable bag manufacturer may demonstrate compliance with this requirement by obtaining a no objection letter from the federal Food and Drug Administration.  Complies with Section 260.12 of Part 260 of Title 16 of the Code of Federal Regulations related to recyclable claims if the reusable grocery bag producer makes a claim that the reusable grocery bag is recyclable. A reusable carryout bag made from plastic film shall also meet the following requirements: It shall be capable of carrying 22 pounds over a distance of 175 feet for a minimum of 125 uses and be at least 2.25 mils thick, measured according to the American Society of Testing and Materials (ASTM) Standard D6988-13.
Stores Affected
"Store" means a retail establishment, excluding a restaurant, engaged in the business of selling or exchanging goods and/or services for cash, barter or any form of consideration on the assumption that the purchaser of such goods and/or services has acquired the goods and/or services for ultimate consumption or use and ...view more resale that provides plastic carryout bags to its customers in conjunction with the sale of such goods and/or services and that meets either of the following requirements: Has at least 7,000 square feet of retail sales space, or Has 3 or more stores or retail locations, each having at least 3,000 square feet of retail sales space, in the State.The store which provides plastic bags for exemptions listed in (e)(3) below shall establish an at-store recycling program pursuant to this section that permits a customer of the store to return clean and dry plastic carryout bags and film to the store. An at-store recycling program provided by a store shall include all of the following:A plastic carryout bag and film collection bin shall be placed at each store and shall be visible, easily accessible to the consumer, and clearly marked that the collection bin is available for the purpose of collecting and recycling plastic carryout bags.All plastic carryout bag s and film collected by the store shall be collected and recycled in a manner consistent with the intent of this section. In no instance, shall a store permit collected plastic carryout bags and film to be disposed of or to further any act other than the recycling of such bags.The store shall maintain records describing the collection and recycling of plastic carryout bag bags and film collected by such store and shall make the records available to the Department of Natural Resources and Environmental Control (DNREC), upon request, to demonstrate compliance with this section.The store shall make reusable bags available to customers within the store, which bags may be purchased by such customer and used in lieu of using a plastic carryout bag or paper bag. This subsection is not applicable to a retail establishment specified pursuant to subsection (c) of this section above. view less
Comply Date January 01, 2021
Ordinance HOUSE BILL NO. 130 AS AMENDED BY HOUSE AMENDMENT NO. 1 AND HOUSE AMENDMENT NO. 5
Links
Updated March 12, 2020

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