Plastic bag ban - Washington State Department of Ecology

2022-04-20 09:08:46 By : Mr. wes sz

Plastic bags are a major contaminant in Washington’s recycling facilities, waterways, roadways, and environment. Washington's Plastic Bag Ban will reduce pollution by prohibiting single-use plastic carryout bags and charging a fee for acceptable bags in businesses beginning in October 2021.

Large paper carryout bags are 882 cubic inches or larger. They must contain at least 40% post-consumer recycled content or wheat straw, and they must be labeled with this percentage on the bag.

Stores are not required to charge for small paper bags (bags smaller than 882 cubic inches). However, all paper bags must meet the 40% post consumer recycled content or wheat straw minimum and be labeled with this percentage on the bag.

Must be labeled with the mil thickness, the post-consumer recycled content percentage, and the word “reusable” on the bag.

Plastic produce bags used by customers in store are exempt from the ban.

Compostable bags are not accepted at most commercial composting facilities in Washington. Before you offer these bags, reach out to your local composting facility to ensure they are accepted.

Bringing your own clean and reusable bag is the best option. Using your own reusable bag is free.

All single-use plastic carryout bags are banned.

Only compostable bags can be tinted green or brown (Chapter 70A.455 RCW). No bag can use the following misleading labels: "biodegradable," "decomposable," "degradable."

During the 2020 legislative session, the Legislature passed a statewide ban on single-use plastic bags, an effort to reduce plastic pollution, litter, and waste.

This ban will benefit the state's recycling system on several fronts:

As Washington transitions away from single-use plastic bags, we will continue to provide technical assistance, education, and outreach materials to businesses and the public. We collaborated with local governments, retailers, business associations, and non-profits to begin this effort, and have developed a bag ban outreach toolkit that is formatted for accessibility and available in 17 languages.

Using our reporting form, anyone may submit an observation of businesses not in compliance with thes requirements. We will use this information to follow up with businesses to ensure their understanding of the new law. Repeated non-compliance may result in penalties.

When the law becomes effective on October 1, it will:

Who does the ban apply to? All retail, grocery, and convenience stores Any restaurant or establishment offering take-out or delivery food or goods Temporary stores or vendors Any event where food or goods are sold or distributed What kind of bags are banned?

Any single-use, plastic carry-out bag provided at delivery, check stand, cash register, point of sale, or other point of departure to a customer.

No. Customers are encouraged to bring and reuse their own bags when they shop. Some businesses may require customers to bag their own groceries in reusable bags. Customers should clean and disinfect their hands and reusable bags frequently.

These bags are also exempt:

Compostable film bags for products used by customers in stores before checkout must meet the requirements for compostable products and film bags in Chapter 70A.455 RCW.

Businesses are allowed to give the bags to customers at checkout, and the 8-cent charge is optional. However, we do not recommend their use. Most composting facilities in Washington cannot accept these bags. If you are considering offering compostable bags, please reach out to your local composting facility to inquire about whether or not they are accepted.

A mil is a measurement that equals one-thousandth of an inch, or 0.001 inch. One mil also equals 0.0254 mm (millimeter). Reusable plastic bags sold for 8 cents under the new bag ban are required to be at least 2.25 mil and this requirement will increase to 4 mil beginning in 2026.

Businesses collect and keep the entire 8 cents to recover some of the cost of providing the bags, and to incentivize customers to bring their own reusable bags. The charge must be shown as a taxable sale on the receipt provided to the customer. If a business elects to charge more than the 8 cents, any amount over this minimum must be listed as a separate line item for tax purposes. For example, if a retailer opted to charge a total of 16 cents per bag, there should be two separately stated charges: an eight-cent pass-through charge in compliance with the new law, and a separate eight-cent charge that’s being charged at the retailers discretion.

The thicker, stronger plastic bags — those more than 2.25 mil thick — have special uses for which paper is not a good option or not readily available. These bags must still be made of at least 20% post-consumer recycled content and have the recycled content printed on the outside of the bag. In 2025, the required thickness increases to 4 mil.

No. When regularly used, the impact of reusable bags is less than that of the many more lightweight plastic bags they’ve replaced. They are designed to be used many times and can carry two to three times as much weight as typical throwaway plastic bags, which often need to be doubled for strength.

Anyone will be able to report a business using prohibited bags through this webpage, starting in 2021. We will review complaints and respond by providing the non-compliant business with additional information, resources, and technical assistance. Though Ecology intends to respond whenever possible with assistance in gaining compliance, repeated and continuous non-compliance may result in up to a $250 fine.

The plastic bag ban reenacts and amends Chapter 43.21B.110 RCW. It also adds a new section to Chapter 82.04 RCW. This law is located at Chapter 70a.530 RCW.

Who does the ban apply to? All retail, grocery, and convenience stores Any restaurant or establishment offering takeout or delivery food or goods Temporary stores or vendors Any event where food or goods are sold or distributed What carry-out paper bags are allowed?

The bag ban requires businesses to charge 8 cents for large paper carry-out bags (1/8 barrel paper bags 882 cubic inches or larger). Smaller paper bags may be provided without charging the 8 cents, but all paper bags must be made of at least 40% post-consumer recycled content and/or wheat straw, and be labeled with this percentage on the outside of the bag.

No. Customers are encouraged to bring and reuse their own bags when they shop. Some businesses may require customers to bag their own groceries in reusable bags. Customers should clean and disinfect their hands and reusable bags frequently.

Paper bags must contain at least 40% post-consumer recycled content, 40% wheat straw, or a combination of these materials equal to 40%. The percentage of this content must be printed somewhere on the exterior of the bag.

Should a question arise, retailers must be prepared to show that the bags they are using are at least 2.25 mils thick and are labeled with the mil thickness somewhere on the exterior of the bag. In January 2026, the minimum thickness requirement will increase from 2.25 mil to 4 mil. 

Businesses collect and keep the entire 8 cents to recover some of the cost of providing the bags, and to incentivize customers to bring their own reusable bags. The charge must be shown as a taxable sale on the receipt provided to the customer. If a business elects to charge more than the 8 cents, any amount over this minimum must be listed as a separate line item for tax purposes. For example, if a retailer opted to charge a total of 16 cents per bag, there should be two separately stated charges: an eight-cent pass-through charge in compliance with the new law, and a separate eight-cent charge that’s being charged at the retailers discretion.

Yes. The Washington State Department of Revenue has confirmed that the 8-cent charge is subject to sales tax since retail stores are selling the bags. 

No. The minimum 8-cent charge must be collected and is intended to promote the use of reusable bags by customers. The number and total cost of these bags must be shown on the customer’s sales receipt. This ensures a level playing field among retailers.

Customers using food benefits programs like these, are exempt from paying the $0.08 bag charge for purchases made with their food benefits card:

We encourage customers to avoid the charge by bringing their own reusable bags. The Plastic Bag Ban does not apply to food banks and other food assistance programs, but we encourage these organizations to reuse bags whenever possible.

We provided an outreach toolkit in October 2020 with targeted informational fliers, point of sale cards, and "Bring Your Own Bag" signage.

We urge all businesses to display plastic bag ban signs, create promotional materials like branded reusable bags, and to direct questions to this webpage.

We developed training, education, and outreach materials to share with Washington businesses, associations, and their members.

We continue to collaborate with:

Please contact us if your association would like to get involved.

Members of the public who observe non-compliant businesses will be able to submit observations through our website. We will review complaints and respond by providing the business with additional information, resources, and technical assistance.

Initially, we'll work to assist lagging businesses to catch up with this ban. But repeated and continuous instances can result in up to a $250 fine.

Film plastic bags traditionally used by customers in stores for bulk items may be used for individual bakery goods, loaves of bread, and other pastries. They are exempt, as an in-store packaging, and can be used for produce, bulk foods, meat, ice cream, flowers, or any other items prone to moisture problems.

These goods may be wrapped in smaller plastic bags typically used for produce, but not in single-use plastic carry-out bags. Single-use plastic carry-out bags like those traditionally provided at point of sale are not allowed for prepared or bakery goods. 

The 8-cent bag charge is required for any large paper or thick reusable bag provided to the customer, regardless of whether it is at pickup or point of sale. Small paper bags may be provided without the 8-cent charge but must meet the required 40% post-consumer recycled content or wheat straw minimum and be labeled with this percentage on the exterior of the bag.

The deadline for using up inventory technically passed in June and was not extended by the Governor/Legislature in concurrence with the delayed October 1 implementation date. However, the intent is not for these bags to go to waste. Though we will begin accepting and following up on complaints of non-compliance beginning October 1, a business in question will have opportunity to explain that they are using up their inventory. The business may be required to provide invoices and receipts to show that the bags were purchased before the October 1 effective date, and we would then exercise enforcement discretion, on a case by case basis. However, we would not expect businesses to be using up existing inventories of bags for more than a few months.

Technically no- you cannot provide the single-use plastic bags or bags not meeting the new requirements even if they are previously used and deposited.

Since any charge in excess of 8 cents is not part of the statutorily defined pass-through charge, it cannot be deducted from that taxpayer’s income for the purposes of calculating B&O tax. RCW 70A.530.020(2)(c) requires that retail establishments show all pass-through charges on a receipt, as well.  As an example, if a retailer opted to charge a total of 16 cents per bag, there should be two separately stated charges: an eight-cent pass-through charge per Chapter 70A.530 RCW, and a separate eight-cent charge that’s being charged at the retailers discretion.

Bags smaller than the large barrel paper bags (882 cubic inches or larger) do not require an 8-cent charge. However, they must still meet the 40% post-consumer recycled content minimum and must be labeled on the exterior of the bag with this percentage.

Yes, beginning July 1, 2022, the post-consumer recycled content percentage for reusable plastic carryout bags increases from 20% to 40%.

Beginning Jan. 1, 2026, the thickness requirements for the reusable plastic film bags increases from 2.25 mil to 4 mil and the required charge for these bags increases from 8 cents to 12 cents (paper bags continue to be available for only 8 cents). 

Carolyn Bowie Waste reduction and recycling specialist, Western WA​ 425-698-3722 carolyn.bowie@ecy.wa.gov