HB 81: "An Act prohibiting disposable plastic shopping bags; and providing for an effective date."

00                              HOUSE BILL NO. 81                                                                          
01 "An Act prohibiting disposable plastic shopping bags; and providing for an effective                                    
02 date."                                                                                                                  
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 46.06 is amended by adding a new section to read:                                                  
05 Sec. 46.06.145. Shopping bags. (a) Except as provided in (b) of this section, a                                       
06 retail seller of goods or services may not provide a disposable plastic shopping bag to                                 
07 a purchaser to carry away or protect goods purchased from, or serviced by, the retail                                   
08       seller.                                                                                                           
09            (b)  The prohibition established in (a) of this section does not apply to a                                  
10       disposable plastic shopping bag that is                                                                           
11                 (1)  used only to contain a product that does not have other packaging,                                 
12       including bulk grains, fruit, nuts, vegetables, meat, candy, bakery goods, prepared                               
13       foods, or other food products or small hardware items;                                                            
14                 (2)  used only to contain ice;                                                                          
01                 (3)  used only to contain or wrap flowers;                                                              
02                 (4)  provided by a pharmacist for the sole purpose of containing                                        
03       prescription drugs;                                                                                               
04                 (5)  used only to package an unconsumed portion of a bottle of wine in                                  
05       compliance with AS 04.16.120;                                                                                     
06                 (6)  used only to contain a newspaper;                                                                  
07                 (7)  sold in packages containing multiple bags intended for use as                                      
08       garbage, pet waste, or yard waste bags; or                                                                        
09                 (8)  a reusable bag.                                                                                    
10 (c)  The department may assess an administrative fine against a retail seller that                                      
11 violates (a) of this section. An administrative fine under this subsection may not                                      
12       exceed                                                                                                            
13                 (1)  $250 for a first violation;                                                                        
14                 (2)  $500 for a second violation within one year; and                                                   
15                 (3)  $750 for each violation after a second violation within one year.                                  
16            (d)  In this section,                                                                                        
17 (1)  "disposable plastic shopping bag" means a bag made exclusively or                                                  
18       partially of plastic, other than a reusable bag;                                                                  
19                 (2)  "retail seller" includes                                                                           
20 (A)  a market, grocery store, convenience store, drug store, or                                                         
21            similar establishment that                                                                                   
22                           (i)  is located in a permanent building;                                                      
23 (ii)  sells to consumers household supplies, perishable                                                                 
24 items, or food merchandise, including meat, produce, dairy products, or                                                 
25                 snack foods; or                                                                                         
26 (B)  a retail establishment that has annual gross sales of                                                              
27            $250,000 or more in the previous calendar year;                                                              
28                 (3)  "reusable bag" means a bag that                                                                    
29 (A)  is designed and manufactured to withstand repeated use                                                             
30            over time;                                                                                                   
31 (B)  is machine washable or is made from material that can be                                                           
01            cleaned and disinfected regularly;                                                                           
02                      (C)  if it is made from plastic, is made with plastic that is at                                   
03            least four mils thick; and                                                                                   
04                      (D)  is designed to have a minimum lifetime of 75 uses.                                            
05    * Sec. 2. This Act takes effect January 1, 2021.