An Act To Strengthen Recycling of Single-use Plastic Shopping Bags
Maine Legislature, Session 127, LD 0325
Committee Amendment CA_A_H83 (House)
Amends: 38 MRSA §1605, 38 MRSA §1605-A

I 
COMMITTEE AMENDMENT "~,, to H.P. 219, L.D. 325, Bill, "An Act To 
Strengthen Recycling of Single-use Plastic Shopping Bags" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Phase Out the Use of Single-use Plastic Shopping Bags' 
Amend the bilI by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 38 MRSA §1605, as repealed and replaced by PL 1991, c. 475, §1, is 
amended to read: 
§1605. Plastic bags; recycling 
A If a retailer may use makes plastic bags available to customers to bag products at 
the point of within the retail sale only if location, the retailer.,. must ensure the recycling 
of used plastic bags in accordance with this section. 
1. Collection. Looates A retailer must locate inside the store or within 20 feet of the 
main entrance to the store a receptacle for collecting any used plastic bagst-antl~ 
2. Recycling. Ensures A retailer must ensure that the plastic bags collected are 
recycled or delivered to a person engaged in recycling plastics. 
Sec. 2. 38 MRSA §1605-A is enacted to read: 
§1605-A. Plastic bags; prohibition 
1. Definitions. As used in this section and in section 1605, unless the context 
otherwise indicates, the following terms have the following meanings. 
A. 
"Plastic" means an organic or petroleum derivative synthetic or semisynthetic 
organic solid that is moldable. 
B. "Plastic bag" means a bag made from plastic designed to carry consumer goods in 
a retail transaction for one-time use. 
COMMITTEE AMENDMENT 
O~s 
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COMMITTEE AMENDMENT "A "to H.P. 219, L.D. 325 
C. "Retailer" means a person that offers consumer goods for sale at retail in the State. 
D. 
"Reusable bag" means a bag with handles that is specifically designed and 
manufactured for multiple reuse and is made of cloth, fiber or other machine-
washable fabric or durable plastic. 
2. Prohibition. Beginning September 1, 2020, a retailer may not use plastic bags to 
bag products at the point of retail sale or otherwise make plastic bags available to 
customers. This prohibition does not apply to: 
A. Plastic bags used by consumers inside stores to package bulk items, such as fruit, 
vegetables, nuts, grains, candy or small hardware items; to contain or wrap frozen 
foods, meat or fish, whether prepackaged or not: to contain or wrap flowers, potted 
plants or other items for which dampness may be a problem; and to contain 
unwrapped prepared foods or bakery goods; 
B. Plastic bags provided by pharmacists to contain prescription drugs; 
C. Plastic newspaper bags, door-hanger bags, laundry or dry-cleaning bags or plastic 
bags sold in packages containing multiple bags intended for use as garbage, pet waste 
or yard waste bags; 
D. Plastic bags provided by an eating establishment licensed under Title 22, chapter 
to customers to take food away from the eating establishment; or 
E. Reusable bags. 
3. Paper bags; reusable bags. A retailer may provide recyclable paper bags to bag 
products at the point of retail sale. A retailer shall provide reusable bags for purchase by 
a customer.' 
SUMMARY 
This amendment, which is the majority report of the committee, replaces the bill and 
changes the title. It prohibits a retailer from using plastic bags to bag products at the 
point of retail sale or otherwise make plastic bags available to customers, with exceptions 
for certain types of plastic bags. This prohibition is effective September I, 2020. A 
retailer may provide recyclable paper bags to bag products at the point of sale and must 
provide reusable bags for purchase by a customer. The amendment also makes changes 
to existing law regarding retailer collection and recycling of used plastic bags to ensure 
consistency with the implementation of the plastic bag prohibition. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
" 
i\pproved: 04/13/15 
~~C: 
LD325 
LR 332(02) 
An Act To Strengthen Recycling of Single-use Plastic Shopping Bags 
Fiscal Detail and Notes 
Fiscal Note for Bill as Ame~ded by Committee Amendment ,~, ( 11-83) 
Committee: Environment and Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
The bill prohibits, beginning September 1, 2020, retailers from using plastic bags to bag products at the point of retail 
sale or making plastic bags available to customers except under certain circumstances. Any additional costs to the 
Department of Environmental Protection from this bill are expected to be minor and can be absorbed within existing 
budgeted resources. 
LR0332(02) - Fiscal Note - Page 1 of 1