Illinois Bag Legislations

Statewide Legislation

Status Pending
Notes HB 3335: Creates the Carryout Bag Fee Act. Provides that a carryout bag fee of $0.10 is imposed on each carryout bag used by a customer at retail establishments, except in municipalities with a population greater than 1,000,000, with $0.03 being returned to the retail establishment, $0.04 into the Carryout Bag Fee Fund, $0.01 to the Prairie Research Institute of the University of Illinois, $0.01 into the Solid Waste Management Fund, and $0.01 into the Partners for Conservation Fund. Provides that the carryout bag fee does not apply to the retail sale or use of carryout bags that are used to carry items purchased under specified governmental food assistance programs. Repeals the new Act on January 1, 2026. Amends the State Finance Act making conforming changes. Amends the Counties Code and Illinois Municipal Code. Provides that a county or municipality may not ban, place a fee or tax on, or regulate in any other manner the use, disposition, content, taxation, or sale of carryout bags. Limits the applicability of the provisions as they relate to a county or municipality that charged a fee or tax on carryout bags on February 1, 2018 and specified recycling programs. Limits home rule powers. SB 1240: Creates the Checkout Bag Tax Act. Imposes a tax of $0.07 on each checkout bag used by a customer at a retail establishment in the State. Provides that the term "checkout bag" means a single use plastic, paper, or compostable bag provided by a retail establishment at the checkout, cash register, point of sale, or other point of departure to a customer for the purpose of transporting goods out of the retail establishment. Sets forth certain exceptions. Provides that the proceeds from the tax shall be distributed as follows: (1) the retailer shall retain $0.02 per bag; (2) the wholesaler shall retain $0.02 per bag; and (3) $0.03 per bag shall be deposited into the Checkout Bag Tax Fund. Amends the State Finance Act to create the Checkout Bag Tax Fund. Provides that moneys in the Fund shall be remitted to counties and municipal joint action agencies. Amends the Counties Code and the Illinois Municipal Code to preempt certain actions by counties and municipalities concerning auxiliary containers or checkout bags.
Updated March 06, 2020

Champaign

Status Inactive
Notes 2012 reviewing tax.
Updated October 02, 2019

Chicago

Status Approved
Status Date April 30, 2014
Stores Affected
Store means any person who engages in the business of selling tangible personal property, other than tangible personal property titled or registered with an agency of Illinois government, at retail in the City of Chicago, pursuant to the Home Rule Municipal Retailer's Occupation Tax Act, and who delivers or provides ...view more property through the use of checkout bags. view less
Fees TAX on All paper and plastic used: $0.07
Comply Date February 01, 2017
Ordinance SO 2016-7981 (note: replaces SO 2014-1521)
Notes 10/29/2016 This would be amendment to: SO2014-1521- already approved. They want to place a 7 cent fee on both paper and plastic as part of the revenue package for the 2017 city budget. 06/02/2014 Comply by dates for stores greater than 10k square feet is 09/01/2015, comply by dates for stores less than 10k square feet is 09/01/2016. 05/01/2014 Committee on the Health & Environmental voted to advance the city ordinance banning the use of plastic carryout bags mostly aimed at grocery stores. 06/25/2013: New proposal is currently being reviewed - see the included file for more information. Mandated Recycling Program Ordinance requires certain retailers to offer in store plastic bag recycling program.
Links
Updated October 02, 2019

Edwardsville

Status Approved
Status Date March 10, 2020
Plastic Summary
Details:
  • 2.25
Paper Summary
Details:
  • non given
Reusable Definition Reusable bag means a bag with handles that is: designed and manufactured to withstand repeated used over a period of time; is machine washable or made from a material that can be cleaned and disinfected regularly; is at least 2.25 mil thick if made from plastic.
Stores Affected
Retail establishment means any business located within Edwardsville city limits with a gross floor area of 7,000 square feet or greater, engaged in the retail sale of goods, merchandise, perishable, or non-perishable goods, including, but not limited to, clothing, food and personal items, directly to customers. Retail establishment includes any supermarket, ...view more store, shop, or service station. A retail establishment does not include restaurants, lunchrooms, cafes or other establishments located in a permanent building for the accommodation of the public, equipped with a kitchen containing facilities and utensils for preparing and serving meals to the public, and outfitted with a public dining area; seasonal events, such as a farmers markets, street fairs, or yard sales; or by an occasional or temporary retailer view less
Fees $0.10 fee on plastic and paper bags
Comply Date September 01, 2020
Ordinance 10-19-6620
Notes https://library.municode.com/il/edwardsville/codes/code_of_ordinances?nodeId=CD_ORD_CH22BU_ARTIXSIUSBA_S22-301DE https://www.cityofedwardsville.com/571/Single-Use-Bag-Fee
Updated November 03, 2020

Evanston

Status Approved
Status Date July 28, 2014
Plastic Summary
Requirements:
  • 2.25mil Min Plastic Bag Thickness
  • Specific Id Requirements
Paper Summary
Requirements:
  • 100% Min Recyclable
  • 40% Min PCW
Details:
  • Recyclable paper bag(s) means a paper bag that meets all of the following requirements: (1) contains no old growth fiber; (2) is one hundred percent (100%) recyclable overall and contains a minimum of forty percent (40%) post-consumer recycled material; (3) is capable of composting, consistent with the timeline and specifications of the American Society for Testing and Materials (ASTM) D6400 Standard Specification for Compostable Plastics; (4) is accepted for recycling in curbside programs in the county; (5) has printed on the bag the name of the manufacturer, the location (country) where the bag was manufactured, and the percentage of post-consumer recycled material used; and (6) displays the word Recyclable in a highly visible manner on the outside of the bag.
Reusable Definition Reusable bag means a bag with handles that is specifically designed and manufactured for multiple reuse and meets all of the following 125 uses which, for purposes of this definition, means the capability of carrying a minimum of 22 pounds requirements: (1) has a minimum lifetime of times over a distance of at least 175 feet; (2) has a minimum volume of 15 liters; (3) is machine washable or is made from a material that can be cleaned or disinfected; (4) does not contain lead, cadmium, or any other heavy metal in toxic amounts; (5) has printed on the bag, or on a tag that is permanently affixed to the bag, the name of the manufacturer, the country where the bag was manufactured, a statement that the bag does not contain lead, cadmium, or any other heavy metal in toxic amounts, and the percentage of postconsumer recycled material used, if any; and (6) if made of plastic, is a minimum of at least 2.25 mils thick.
Stores Affected
A retail establishment with a floor area whose square footage exceeds 10,000 feet, other than an establishment set forth in Section 8-25-4, which sells perishable or non-perishable goods, including but not limited to establishments operating under the following uses as defined in Section 6-18-3: Commercial Shopping Center, Food Store Establishment, ...view more Broker, Retail Goods Establishment, or Retail Services Establishment. view less
Fees None
Comply Date July 01, 2015
Ordinance 66-0-14
Updated October 03, 2019

Lake County

Status
Notes Plastic Bag Bill to pilot a plastic bag recycling program.
Updated October 02, 2019

Oak Park

Status Approved
Reusable Definition A bag with handles that is specifically designed and manufactured for multiple re-use and is made of cloth, fiber, or other machine washable fabric. (Ord. 17-239, 8-7-2017, eff. 1-1-2018)
Stores Affected
RESTAURANT: Any lunchroom, cafe, or other establishment located in a permanent building for the accommodation of the public, equipped with a kitchen containing facilities and utensils for preparing and serving meals to the public, and outfitted with a public dining area. A restaurant does not include any area of a ...view more department store, or other retail establishment beyond the kitchen and public dining area. RETAIL ESTABLISHMENT: Any person engaged in the retail sale of goods with a floor area whose square footage is five thousand feet (5,000') or greater which sells perishable or non-perishable goods, including, but not limited to, clothing, food and personal items, directly to customers. Retail establishment includes any supermarket, convenience store, shop, or service station. view less
Fees $0.10 fee on plastic and paper bags
Comply Date January 01, 2018
Ordinance Article 14
Updated October 02, 2019

Statewide Legislation

Status Approved
Status Date July 01, 2016
Ordinance 2016 HR 1139
Notes Recycling Program
Links
Updated September 03, 2020

Woodstock

Status Approved
Status Date February 18, 2021
Plastic Summary
Details:
  • See fee on plastic bags
Paper Summary
Details:
  • None given- paper is allowed but for a fee
Reusable Definition A bag with handles that is specifically designed and manufactured for multiple reuse and is made of cloth, fiber or other machine washable fabric.
Stores Affected
RESTAURANT: Any lunchroom, cafe, or other establishment located in a permanent building for the accommodation of the public, equipped with a kitchen containing facilities and utensils for preparing and serving meals to the public, and outfitted with a public dining area. A restaurant does not include any area of a ...view more department store, or other retail establishment beyond the kitchen and public dining area. RETAIL ESTABLISHMENT: Any person engaged in the retail sale of goods with a floor area whose square footage is five thousand feet (5,000') or greater which sells perishable or non-perishable goods, including, but not limited to, clothing, food and personal items, directly to customers. Retail establishment includes any supermarket, convenience store, shop, or service station. view less
Fees $0.10 fee per each carryout bag given out
Comply Date January 01, 2020
Ordinance 19-O-75
Links
Updated June 11, 2021

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