DE HB130

Effective January 1, 2021, stores with at least 7,000 square feet of retail space or 3+ locations with 3,000+ square feet each are prohibited from providing single-use plastic carryout bags to customers at point of sale.

Stores may provide plastic bags only for specific purposes including frozen foods, meat/fish, flowers, potted plants, packaged garbage/pet waste bags, live animals, caustic chemicals, non-handled protective bags, unwrapped food items, and clothing hangers.

Stores may offer reusable bags for purchase or paper bags at their discretion as alternatives to single-use plastic bags.

Stores that have eliminated plastic carryout bags are exempt from participating in at-store recycling programs as of March 31, 2021; those still distributing bags for exempted purposes must maintain recycling collection bins and records.

Violations result in escalating civil penalties: up to $500 for first violation, $1,000 for second, and $2,000 for third and subsequent violations, with collected penalties funding enforcement by the Department of Natural Resources and Environmental Control.