State Issues Crisis Tracker

Executive Order N-54-20 temporarily suspends regulations requiring grocer participation in the CRV redemption program. A June 22 Executive Order extended this suspension for an additional 60 days. 

• Connecticut Dept. of Energy and Environmental Protection Press Release
• Retailers will resume bottling redemption activities on a limited basis beginning May 20, with a full resumption of operations by June 3. See DEEP Press Release for more information. 
  

 

Suspension to end July 15 -- Iowa Grocery Industry Association reports Governor Reynolds has signed an extension of the State's Public Health Emergency Declaration. Although her proclamation extends redemption relief through July 25, language within the extension states, "… Iowans and retailers should not expect that this suspension will be extended beyond July 25, 2020, and retailers may choose to begin accepting empty beverage containers before this date with limits on the number of containers per customer or the hours during which containers will be accepted in order to phase in the resumption of redemption." 

Maine Department of Environmental Protection 

Massachusetts Department of Environmental Protection Notice  UPDATE - May 29:  Today, MA DEP decided to rescind its suspension of the MA bottle deposit law.  Starting Friday, June 5, reverse vending machines will become available to the public, enforcement of redemption requirements will resume at retailers using reverse vending machines (RVMs).  Starting two weeks later, Friday, June 19, enforcement of redemption requirements will resume at retailers accepting containers over the counter.  There are also requirements for operating these areas including maintaining social distancing (6 ft), signage reminding customers of social distancing and monitoring capacity.

 

For more details click here.

Michigan Retailers Association reports that the bottle deposit take-back program will start phasing in beginning June 15. 

On that date, all grocery stores, supermarkets and other retailers with bottle return facilities located at the front of the store or housed in a separate area and serviced exclusively by reverse vending machines requiring minimal or no person-to-person contact must re-open their bottle return facilities and resume the collection of returnable beverage containers and refund of customer bottle deposits. Retailers re-opening their bottle return facilities during Phase 1 must ensure that those facilities comply with all state-mandated safety protocols and restrictions, including the most recent state-mandated safeguards to protect workers.

Dept. of Treasury Notice

 

New York Department of Environmental Conservation has announced that they expect all facilities across New York to “take the necessary steps to resume redemption responsibilities and be in compliance no later than June 3^rd”.

 

Through May 31, OLCC did not enforce the requirement for retailers to accept empty beverage container returns. With the Governor’s reopening plan underway, OLCC will link compliance enforcement to the phase a county is in (Baseline, Phase 1, Phase 2, Phase 3).  Note the change to phase 2 is that stores may limit hours from 8 AM to 8 PM (from 8 AM to 6PM in phase 1) two weeks after counties enter phase 2. 

 More information may be found at the OLCC Bottle Bill Page.

Vermont Agency of Natural Resources Announcement

• Anchorage: Mayor Ethan Berkowitz temporarily suspended enforcement of the 10-cent paper bag fee ordinance. Plastic bags are still banned. 
• Homer: The City Manager's office announced a temporary suspension of the City's plastic bag ban ordinance. The ban will resume September 15 or when the state of emergency is no longer in effect, whichever is later.

JUNE 24 UPDATE: Gov. Newsom's order suspending the statewide ban on single-use bags has now expired.

On April 23, Governor Newsom issued an executive order temporarily suspending regulations requiring grocer participation in the statewide ban on single-use bags. The action allows retailers to issue reusable bags free of charge at the point of purchase or — when it is not feasible to provide a reusable bag or recycled paper bag — allows grocers to issue single-use bags. California Grocers Association reminds members that local jurisdictions with existing bag ordinances grandfathered in by state law are not subject to the order and can be enforced by the city or county. CGA is communicating with these municipalities to have them adopt a similar suspension. 

• San Francisco City and County : "Not permitting customers to bring their own bags, mugs, or other reusable items from home" is part of the Social Distancing Protocol outlined in the March 31 Shelter in Place Order . The order requires all Essential Businesses to prepare, post, and implement a Social Distancing Protocol at each of their facilities at which they are maintaining operations. 

The following jurisdictions have similar protocols in place:

• Alameda County 
• Berkeley County
• Contra Costa County
• Marin County
• Santa Clara County
• San Diego County
• San Mateo County
  

 

• Avon: The Town Manager issued Regulation A temporarily waiving the bag fee of 10-cents for each disposable paper bag. The waiver will remain in effect as long as the emergency declaration remains in effect.
• Boulder: City Manager Jane Brautigam has  issued an order to temporarily suspend the City of Boulder’s 10-cent Disposable Bag Fee in alignment with guidance from Governor Jared Polis. 
• Carbondale:  The Carbondale Board of Trustees met on April 14th to ratify an Emergency Order establishing a Temporary Abatement of Disposable Bag Fees. (Agenda)
• Denver: Rocky Mountain Food Industry Association reports the City of Denver and the City Council has committed - when the opportunity presents itself - to delay  implementation of the Bring Your Own Bag ordinance from July 1, 2020 to January 1, 2021. 
• Steamboat Springs: On March 31, the City Council adopted an emergency ordinance (p. 90) to suspend the City’s disposable bag regulations for 90 days. 
• Winter Park: On May 19, 2020 the Town Council unanimously voted to approve Emergency Ordinance No. 538, which would temporarily suspend the disposable bag fee for customers and retailers in the Town. The emergency ordinance also suspended regulations for both outdoor seating at restaurants and outdoor sales of alcoholic beverage to help restaurants re-open in the wake of the COVID-19 crisis. 5/19/2020 Minutes (Item 4. F)

Governor Ned Lamont's March 26 executive order temporarily suspends certain state statutes in order to suspend any tax on single-use plastic checkout bags at grocery stores and other retail businesses. 

• Darien: On March 25, First Selectman Jayme Stevenson ordered a stay of enforcement of the town’s ordinance regarding paper and plastic checkout bags ordinance.
• Farfield: On April 1, First Selectwoman Brenda Kupchick announced she suspended the Town's plastic bag ordinance. This will allow retailers the ability to issue customers plastic bags, which would otherwise be prohibited.
• Mansfield: According to BagAlliance.org, the Daily Campus reported that the Mansfield town manager suspended Chapter 132 of the Mansfield code, the Ordinance Regulating Plastic Checkout Bags.
• Stamford: City of Stamford tweeted that by order of the mayor, Stamford’s plastic bag ban is suspended until further notice.

Mayor's Order 2020-58 directs retail food sellers to inform customers that, if they are able to do so, they must fill their own reusable bags or bags provided by the businesses. 

Hawaii County: Mayor Harry Kim's Third Supplemental Emergency Proclamation suspends the county's ban on single-use plastic bags. The measure allows stores to continue to use paper bags as a priority while their supplies last, while "plastic bags may be used for greater volume or wetter items." 

• Chicago: On April 15, 2020, the City issued an order extending the due dates for February, March, and April tax payments of the amusement tax, bottled water tax, checkout bag tax, ground transportation tax, hotel accommodations tax, parking tax, and restaurant tax. The new due date is June 1, 2020.
• Edwardsville: Mayor Hal Patton confirmed that the effective date of the plastic bag fee is now delayed until May 1 at least.  
• Oak Park: the Village’s bag fee of 10 cents is suspended effective March 31 for as long as the state's stay-at-home order is in effect, per an order issued by Oak Park Public Health Director Mike Charley. If a customer wishes to use a reusable bag, only the customer should handle the reusable bag within that business, including for the loading of purchased goods into the reusable bag.
• Woodstock: At its March 25 emergency meeting, the City Council suspended it's single-use bag fee until May 31, 2020. This is enacted both as a financial incentive as well as to address the concern that reusable bags are not routinely washed and could transmit the disease to retail locations. Regular washing of reusable bags is recommended.

As of March 17, 2020, State law preempts municipal regulation of single use bags; no local ordinance requiring a fee for, or otherwise restricting the use of, single use bags is in effect.

The Maine legislature enacted emergency legislation delaying the effective date of the state's single-use plastic bag ban from April 22, 2020 to January 15, 2021. The state now occupies the field of regulation on checkout bags. Guidance from the Maine Dept. of Environmental Protection states:

• In light of concerns about the use of multi-use bags during the current COVID-19 public health crisis, the Legislature's response to those concerns in L.D. 2167, and effects on Department resources, the Department will not be enforcing the statewide restrictions on the use of single-use bags in 38 M.R.S. § 1611 until January 15, 2021. As of March 17, 2020, State law preempts municipal regulation of single use bags; no local ordinance requiring a fee for, or otherwise restricting the use of, single use bags is in effect. 
• Maine Grocers & Food Producers Association reports that some municipalities may officially repeal or suspend their ordinances (e.g. Portland)  to bring them in line with state law, but no such action is needed. Retailers may use whatever bags are necessary and not have to collect fees during this crisis. 

 

 

The state's prohibition on reusable bags, suspension of local bag ordinances, and ban on charging for paper or plastic bags expired as of Monday, July 13. At that point, local bag ordinance in the state came back online. In its decision to lift the suspension, the Governor's Office pointed to the resumption of bag bans and fees in surrounding states (e.g. Connecticut and Vermont) and the CDC's findings of decreased risk of COVID-19 transmission via surfaces.

 

Duluth: Minnesota Grocers Association reports the Duluth City Council voted unanimously to move the effective date of the plastic bag fee to January 1, 2021.  The ordinance was originally set go into effect on April 1

New Hampshire Governor Chris Sununu issued an Executive Order requiring grocers and retail stores to temporarily transition to use of only single use paper or plastic bags as soon as feasibly possible.

• Atlantic Highlands: New Jersey Food Council reports that that Atlantic Highlands has suspended its plastic bag ban.
• Brigantine: The City announced that the City Council temporarily lifted the ban on single use plastic bags at its April 15 meeting.
• Cranford Township: The Township Committee adopted a resolution (p. 5) imposing a moratorium on enforcement of the single use plastic bag prohibition ordinance until December 31, 2020, to allow the Township, its businesses, and residents to address the on-going public health emergency, weather the economic consequences  of the same, and to reconcile any state legislation that may be enacted to also regulate single-use plastics.  
• Long Beach Township: As of March 26, emergency order suspends the ordinance prohibiting the use of single use plastic bags.
• Parsippany-Troy Hills: 94.3 The Point reported that Parsippany-Troy Hills suspended enforcement of its municipal retail plastic bag ban.
• Ridgewood: The Ridgewood Blog reported the Village suspended enforcement of the plastic bag ban given the unprecedented circumstances. The Village encourages shoppers to use reusable bags whenever possible.
• Stafford Township: Mayor Greg Myhre and Chief Tom Dellan declared a local emergency. As part of that order, they temporarily suspended the Township's ban on single-use plastic bags.  

• Albuquerque: Businesses in Albuquerque are allowed to use any type of plastic bag for their customers and the City’s Environmental Health Department will suspend enforcement of the plastic bag ban citywide until May 15, 2020. Businesses are still encouraged to use paper bags if available. Learn more.
• Bernalillo County: County Manager Julie Morgas Baca issued an order suspending the single-use plastic bag ban for 60-days.

The New York Department of Environmental Conservation (DEC)  announced a further delay in enforcement of the state's plastic bag ban until at least June 15, 2020, as part of the legal proceedings surrounding the challenge to the law. DEC has also agreed to advise the parties and the Court at least 30 days in advance of its intention to begin enforcing the law or regulations, and that notice will only be given on or after June 15, 2020. UPDATE: Food Industry Alliance of NY reports that the Courts and DEC have agreed that enforcement will continue to be delayed until July 15^th.

• Bexley: Mayor of Bexley, Ohio issued an Executive Order temporarily lifting the City's single-use plastic ban and directing residents to clean reusable bags between uses.
• Cuyahoga County: Cuyahoga County is moving its enforcement of the plastic bag ban from July 1, 2020 to January 1, 2021. The County may reassess the enforcement date again later in the year based on the coronavirus climate and adjust accordingly. See the County Press Release for more information. 

Philadelphia: Due to the City’s ongoing response to the COVID-19 pandemic, the City announced "the initial effective date of July 2, 2020 is no longer realistic." As a result, the City is pushing back the effective date of the Single Use Plastic Bag Ban to January 1, 2021.  Starting February 1, 2021, businesses will be required to post signage informing the public of the ban. On April 1, 2021, retail stores can no longer provide single use plastic bags.

• East Greenwich:  The Town Manager has ordered temporary relief to the local business community, from Ordinance 888 regarding Plastic Carry-out bags. This action is specifically designed to support the increased local efforts to expand take-out food options.
• Narragansett: Town Manager James R. Tierney advised residents to stop using reusable bags temporarily in all retail businesses

• Charleston: At an emergency meeting, the Charleston City Council passed an emergency ordinance to suspend the enforcement of the city’s code pertaining to environmentally acceptable packaging and products (plastic bag ban) for 60 days. ( Official City News Release).
• North Mrytle Beach: An ordinance that would push the ban’s implementation to January 2022 received unanimous first reading approval and is expected to pass. (via Myrtle Beach Online).

Northwest Grocery Association and Washington Food Industry Association have contacted every jurisdiction in the state and are hopeful that most ordinances will be waived.

WFIA has made its full list of suspended ordinances in the state available. 

Northwest Grocers Association reports the following updates regarding Seattle's suspension: 

The City has temporarily suspended enforcement, including the requirement that retailers collect a 5-cent, pass-through charge on paper bags, to help keep essential workers safe during the crisis. Here is Seattle Public Utilities’ updated guidance:

• For the duration of the COVID-19 civil emergency declaration by Mayor Durkin issued March 3, 2020, the City will suspend enforcement of the requirement retail establishments collect a 5-cent, pass-through charge on recyclable paper bags provided to customers.
• If available, compliant bags should be used.
• If non-compliant bags are substituted on a temporary basis because of a lack of supply, we encourage posting simple signage informing the customer that the change is temporary.
• Care should be taken to not overstock non-complaint bags that are only needed on a temporary basis.
• Retailers may use their own discretion regarding the use of reusable bags by customers. 
• Retailers should return to using compliant bags and packaging as soon as possible.
• Grocers should not use green-tinted, non-compostable plastic bags, as required by the ordinance.  It is very important that we not pollute our compost system due to customer confusion about compostable and non-compostable bags.
• As stated above, during the COVID–19 crisis, our policies remain in place. However, there will be no enforcement action taken on businesses that are unable to remain in compliance.