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.