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.