§ 27-2803. Plastic carryout bag ban.

Terms Used In N.Y. Environmental Conservation Law 27-2803

  • Person required to collect tax: means any vendor of tangible personal property subject to the tax imposed by subdivision (a) of § 1105 of the tax law. See N.Y. Environmental Conservation Law 27-2801
  • Plastic carryout bag: means any 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 tax law. See N.Y. Environmental Conservation Law 27-2801

1. No person required to collect tax shall distribute any plastic carryout bags to its customers unless such bags are exempt bags as defined in subdivision one of section 27-2801 of this title.

2. No person required to collect tax shall prevent a person from using a bag of any kind that they have brought for purposes of carrying goods.

3. Nothing in this section shall be deemed to exempt the provisions set forth in title 27 of this article relating to at store recycling.