MELD-108Failed

An Act To Improve Public Safety By Repealing The Single-Use Plastic Carry-Out Bag Ban

Jurisdiction:
Maine
Type:
Preemption
Last action:
Apr 28, 2021
Plastic Packaging
Bill repeals existing single-use plastic bag ban rather than establishing EPR, product stewardship, or circular economy policy; represents deregulation/preemption of environmental law.

Full bill text

Printed on recycled paper 130th MAINE LEGISLATURE FIRST REGULAR SESSION-2021 Legislative Document No. 108 H.P. 74 House of Representatives, January 13, 2021 An Act To Improve Public Safety by Repealing the Single-use Plastic Carry-out Bag Ban Received by the Clerk of the House on January 11, 2021. Referred to the Committee on Environment and Natural Resources pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 401. ROBERT B. HUNT Clerk Presented by Representative FAULKINGHAM of Winter Harbor. Cosponsored by Senator GUERIN of Penobscot and Representatives: CARMICHAEL of Greenbush, DUCHARME of Madison, GIFFORD of Lincoln, GRIGNON of Athens, HALL of Wilton, KINNEY of Knox, PARRY of Arundel, THORNE of Carmel. Page 1 - 130LR0220(01) 1Be it enacted by the People of the State of Maine as follows: 2Sec. 1. 38 MRSA §1605, as repealed by PL 2019, c. 346, §1, is reenacted to read: 3§1605. Plastic bags; recycling 4 A retailer may use plastic bags to bag products at the point of retail sale only if the 5 retailer: 61. Location. Locates inside the store or within 20 feet of the main entrance to the 7 store a receptacle for collecting any used plastic bags; and 82. Recycles. Ensures that the plastic bags collected are recycled or delivered to a 9 person engaged in recycling plastics. 10Sec. 2. 38 MRSA §1611, as amended by PL 2019, c. 617, Pt. J, §§1 and 2 and c. 11 674, §1, is repealed. 12SUMMARY 13 This bill repeals the law restricting the use of single-use carry-out plastic bags by retail 14 stores and instead allows a retailer to use plastic bags to bag products at the point of retail 15 sale if the retailer locates inside the store or within 20 feet of the main entrance to the store 16 a receptacle for collecting any used plastic bags and ensures that the plastic bags collected 17 are recycled or delivered to a person engaged in recycling plastics. 18 The purpose of this repeal is to allow the use of single-use bags instead of reusable 19 bags and prevent the spread of disease that may exist on reusable bags.

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