Around the Block: 3/25/2022

While the ban technically went into effect on October 1, 2021, enforcement (i.e., fines) does not begin until April 1st. So just warnings until now. Why is the bag ban needed? Because single-use bags blow around the streets, get caught in trees, jam up sewers, fill up landfills, and just exist for a really, really long time into the future. They uglify Philly and the world. Oh yeah, and prior to the ban, Philadelphians used 1,000,000,000 single-use bags a year. Yes, One Billion bags a year.

So, this bag ban is long overdue!

Which businesses does it affect?

The ban will affect all retail establishments of all sizes in Philadelphia that make bags available for carryout items (such as food, clothing, home goods, etc.) or for delivery. These businesses include indoor and outdoor establishments that offer food or other products to the public for sale, including:

• Supermarkets

• Convenience stores

• Shops

• Service stations

• Department stores

• Clothing stores

• Restaurants

• Food trucks

• Farmers’ markets

• Delivery services

What is actually banned?

The legislation prohibits retail establishments from providing for checkout or delivery:

• All single-use plastic bags. This includes bags created through a “blown film extrusion” process. The blown film extrusion process is the main way that all plastic bags that use plastic film are created, regardless of the thickness of the plastic. Thus, this legislation bans all bags we commonly refer to as single-use plastic bags, no matter their thickness

• Bags made from PLA (polylactic acid) created through a blown film extrusion process

• Any paper bag that does not contain at least 40 percent recycled content and does not meet the labeling criteria set in the legislation

What kind of bags can businesses now provide?

You can still provide reusable bags and compliant paper bags that meet certain criteria.

Reusable bags are permitted if they are:

• Made of nylon, cotton, cloth, polyester, or another material that is specifically designed and manufactured for multiple reuses

• Made of plastic, are not created through blown film extrusion, are more than 2.25 mils thick, and are specifically designed and manufactured for multiple reuses

Compliant paper bags are permitted if they:

• Contain at least 40 percent post-consumer recycled content

• Contain no old-growth fiber

• Display the word “recyclable” or “recycled content” in a highly visible manner

• Are labeled with the name of the manufacturer and the percentage of post-consumer recycled content of the bag in an easy-to-read font size

What are the exemptions?

The following bags are exempt:

• Dry cleaner bags

• Bags sold in packages containing multiple bags intended for use as garbage bags or to contain pet waste or yard waste

• Bags used inside a retail establishment by a customer to deliver perishable items to the point of sale (including bags used to package bulk items, meats or fish, unwrapped prepared foods, bakery goods, flowers, potted plants, or similar items)

• Bags provided by pharmacists to contain prescription drugs

• Newspaper bags

Can businesses charge for bags?

Yes, businesses can decide whether to provide bags for free or for a cost.

I hope you have a great weekend.

Warm regards,

Jeff