An Act To Phase Out the Use of Single-use Plastic Shopping Bags
Maine Legislature, Session 128, LD 0057
Committee: Environment and Natural Resources
Sponsors: DEVIN, PARKER, VITELLI, DAUGHTRY, PIERCE, BREEN, CARSON
Amends: 38 MRSA §1605, 38 MRSA §1605-A

Legislative Document
No. 57
H.P. 44
House of Representatives, January 11, 2017
An Act To Phase Out the Use of Single-use Plastic Shopping Bags
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative DEVIN of Newcastle.
Cosponsored by Representative PARKER of South Berwick, Senator VITELLI of Sagadahoc 
and
Representatives: DAUGHTRY of Brunswick, PIERCE of Falmouth, Senators: BREEN of 
Cumberland, CARSON of Cumberland.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  38 MRSA §1605, as repealed and replaced by PL 1991, c. 475, §1, is 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.  As used in this section, "plastic bag" 
and "retailer" have the same meanings as in section 1605-A. 
1.  Collection.  Locates 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 bags; and. 
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, unless the context otherwise indicates, the 
following terms have the following meanings. 
A.  "Plastic" means an organic or petroleum derivative synthetic or a 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. 
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 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 bags, pet 
waste bags 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 bill 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 1, 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 bill 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.