DE HB202

Requires stores (7,000+ sq ft or 3+ locations with 3,000+ sq ft each) to charge customers 5 cents for each single-use plastic or paper carryout bag provided at point of sale

Mandates stores establish at-store recycling programs with visible collection bins for plastic bags, printed recycling messages on bags, and maintain records of bag collection, recycling, and fee collection

Stores must retain collected fees and use them for compliance costs, providing reusable bags to customers, or educational campaigns promoting reusable bag use

Preempts local governments from imposing additional plastic bag fees, recycling requirements, or reporting mandates on compliant stores

Establishes civil penalties up to $500 for first violation, $1,000 for second, and $2,000 for third and subsequent violations, with fines paid to DNREC for enforcement

Effective date of December 2, 2016, replacing the existing at-store recycling program set to expire