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An Act To Phase Out the Use of Single-use Plastic Shopping Bags
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 38 MRSA §1605, as repealed and replaced by PL 1991, c. 475, §1, is amended to read:
§ 1605.Plastic bags; recycling
AIf a retailer may usemakes plastic bags available to customers to bag products at the point of within the retail sale only iflocation, the retailer:must ensure the recycling of used plastic bags in accordance with this section. As used in this section, "plastic bag" and "retailer" have the same meanings as in section 1605-A.
 
1. Collection.   LocatesA retailer must locate inside the store or within 20 feet of the main entrance to the store a receptacle for collecting any used plastic bags; and.
 
2. Recycling.   EnsuresA retailer must ensure that the plastic bags collected are recycled or delivered to a person engaged in recycling plastics.
Sec. 2.  38 MRSA §1605-A  is enacted to read:
§ 1605-A. Plastic bags; prohibition
 
1.  Definitions.     As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
 
A.  "Plastic" means an organic or petroleum derivative synthetic or a semisynthetic organic solid that is moldable.
 
B.  "Plastic bag" means a bag made from plastic designed to carry consumer goods in a retail transaction for one-time use.
 
C.  "Retailer" means a person that offers consumer goods for sale at retail in the State.
 
D.  "Reusable bag" means a bag with handles that is specifically designed and manufactured for multiple reuse and is made of cloth, fiber or other machine-washable fabric or durable plastic.
 
2.  Prohibition.     Beginning September 1, 2020, a retailer may not use plastic bags to bag products at the point of retail sale or otherwise make plastic bags available to customers. This prohibition does not apply to:
 
A.  Plastic bags used by consumers inside stores to package bulk items, such as fruit, vegetables, nuts, grains, candy or small hardware items; to contain or wrap frozen foods, meat or fish, whether prepackaged or not; to contain or wrap flowers, potted plants or items for which dampness may be a problem; and to contain unwrapped prepared foods or bakery goods;
 
B.  Plastic bags provided by pharmacists to contain prescription drugs;
 
C.  Plastic newspaper bags, door-hanger bags, laundry or dry-cleaning bags or plastic bags sold in packages containing multiple bags intended for use as garbage bags, pet waste bags or yard waste bags;
 
D.  Plastic bags provided by an eating establishment licensed under Title 22, chapter 562 to customers to take food away from the eating establishment; or
 
E.  Reusable bags.
 
3.  Paper bags; reusable bags.     A retailer may provide recyclable paper bags to bag products at the point of retail sale. A retailer shall provide reusable bags for purchase by a customer.
 
SUMMARY
This bill prohibits a retailer from using plastic bags to bag products at the point of retail sale or otherwise make plastic bags available to customers, with exceptions for certain types of plastic bags. This prohibition is effective September 1, 2020. A retailer may provide recyclable paper bags to bag products at the point of sale and must provide reusable bags for purchase by a customer. The bill also makes changes to existing law regarding retailer collection and recycling of used plastic bags to ensure consistency with the implementation of the plastic bag prohibition.