[Adopted 11-8-2018 by L.L. No. 9-2018[1]; amended in its entirety 1-14-2020 by L.L. No. 1-2020]
[1]
Editor's Note: This article was adopted as Ch. 93, but was placed in this article by the codifier for organizational purposes.
A. 
The State of New York amended Article 27 of the Environmental Conservation Law ("ECL") to create a new Title 28 for the New York State Bag Waste Reduction Act. The law takes effect March 1, 2020, and prohibits the distribution of plastic carryout bags by retailers in New York State. The purpose of this article is to incorporate the new state law into the laws of the Village of Rye Brook.
B. 
The intent of this article is to reduce the environmental impacts related to single-use plastic carryout bags and single-use paper carryout bags, and to promote a shift toward the use of reusable bags. Single-use plastic carryout bags and single-use paper carryout bags are often discarded into the environment and end up polluting our open spaces and waterways, clogging sewers, endangering marine life and causing unsightly litter. The Village Board of Trustees has determined that a shift to reusable bags in most retail transactions will benefit the overall health, safety and welfare of the Village of Rye Brook and the environment. The Village Board of Trustees Board has also determined that a fee for using nonreusable bags is essential if there is to be a transition to reusable bags because such a fee will encourage consumers to use reusable bags rather than bags for which a fee is charged.
For the purposes of this article, the following definitions shall apply:
EXEMPT BAG
A. 
A bag used solely to contain or wrap uncooked meat, fish or poultry;
B. 
A bag used by a customer solely to package bulk items such as fruits, vegetables, grains or candy;
C. 
A bag used solely to contain food sliced or prepared to order;
D. 
A bag used solely to contain a newspaper for delivery to a subscriber of such newspaper;
E. 
A bag sold in bulk to a consumer at the point of sale,
F. 
A trash bag;
G. 
A bag used for food storage;
H. 
A garment bag;
I. 
A bag prepackaged for sale to a customer;
J. 
A plastic carryout bag provided by a restaurant, tavern or similar food service establishment, as defined in Section 14-1.20 of the New York State Sanitary Code (10 NYCRR 14-1.20), to carry out or deliver food; or
K. 
A bag provided by a pharmacy to carry prescription drugs.
PLASTIC CARRYOUT BAG
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.
PAPER CARRYOUT BAG
A paper 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.
REUSABLE BAG
A. 
A bag made of cloth or other machine washable fabric that has handles; or
B. 
A durable bag with handles that is specifically designed and manufactured for multiple reuse.
PERSON REQUIRED TO COLLECT TAX
Any vendor of tangible personal property subject to the tax imposed by Subdivision (a) of Section 1105 of the tax law.
A. 
No person required to collect tax shall distribute any plastic carryout bags to its customers unless such bags are exempt bags as defined in § 110-2 of this article.
B. 
No person required to collect tax shall prevent any person from using a bag of any kind that they have brought with them for purposes of carrying goods.
A. 
A person required to collect tax shall charge a fee of $0.10 for each paper carryout bag provided to any customer. The paper carryout bag reduction fee and the number of paper carryout bags provided must be separately stated on the sales slip, invoice, receipt, or other statement of the price rendered to the customer. The persons collecting paper carryout bag reduction fees shall be allowed to retain the sums collected.
B. 
The paper carryout bag reduction fee shall not be collected from any customer using the supplemental nutritional assistance program, special supplemental nutrition program for women, infants and children, or any successor programs used as full or partial payment for the items purchased.
C. 
Nothing in this article shall prohibit persons collecting paper carryout bag reduction fees from encouraging and providing incentives for the use of reusable bags through education and through credits or rebates for customers that bring their own carryout bags at the point of sale for the purpose of carrying away goods.
D. 
Nothing in this article shall prohibit customers from using bags of any type that they bring to the store themselves or from carrying away goods that are not placed in a bag.
If the County of Westchester imposes a paper carryout bag reduction fee through the adoption of a local law, ordinance or resolution, the paper carryout reduction fee imposed by this local law shall remain in full force and effect until the day before the effective date of County of Westchester's local law, ordinance or resolution imposing a paper carryout bag reduction fee.
A person required to collect tax who violates any provision of this article shall be guilty of a violation and shall receive a warning for the first violation, but may be subject to a fine in the amount of $150 for the second violation, $200 for the third violation, and $250 for the fourth and subsequent violations occurring within a one-year period.