What does the term "plastic carryout bag" mean? Does this include all plastic bags?
As per the Department of Environmental Conservation website:
'Plastic carryout bag' means any film plastic bag, other than an exempt bag, that is provided to a customer by a person required to collect tax to be used by the customer to carry tangible personal property, regardless of whether such person required to collect tax sells any tangible personal property or service to the customer, and regardless of whether any tangible personal property or service sold is exempt from tax under Article 28 of the New York State Tax Law.
"Exempt bag" means a bag that is:
- Used solely to contain or wrap uncooked meat, fish, seafood, poultry, or other unwrapped food, flower, or plant item;
- Used by a customer solely to package items from bulk containers, including fruits, vegetables, grains, candy, small hardware items (such as nuts, bolts, and screws), live fish, or live insects;
- Used solely to contain food sliced or prepared to order;
- Used solely to contain a newspaper for delivery to a subscriber;
- Sold in bulk quantities to a consumer at the point of sale that were specifically prepackaged in a manner to allow for bulk sale (for example, quantities of bags prepackaged in individual pre-sealed boxes) or prepackaged in individual boxes or containers for sale to a customer;
- Sold as a trash bag;
- Sold as a food storage bag, such as those in snack, sandwich, quart, and gallon sizes;
- Used as a garment bag, such as those used by a dry cleaner or laundry service;
- Provided by a restaurant, tavern, or similar food service establishment, as defined in the state sanitary code, to carry out or deliver food;
- Provided by a pharmacy to carry prescription drugs;
- A reusable bag, as that term is defined in proposed Part 351 draft regulations; or
- A film plastic bag for which there is no reasonable or practical alternative for storing, containing or transporting items, as determined by the department.
All other bags must now be paper or reusable.