HOUSE BILL 59

49th legislature - STATE OF NEW MEXICO - second session, 2010

INTRODUCED BY

Karen E. Giannini

AN ACT

RELATING TO THE ENVIRONMENT; ENACTING THE PLASTIC BAG RECYCLING ACT; REQUIRING STORES TO RECYCLE PLASTIC BAGS; PROVIDING FOR ENFORCEMENT AND PENALTIES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. SHORT TITLE.--This act may be cited as the "Plastic Bag Recycling Act".

     Section 2. DEFINITIONS.--As used in the Plastic Bag Recycling Act:

          A. "manufacturer" means a producer of a plastic carry-out bag provided to a store in this state;

          B. "plastic carry-out bag" means a plastic bag provided by a store to a customer at the point of sale for transporting purchases from the store; "plastic carry-out bag" does not mean:

                (1) a bag used by consumers inside a store to package bulk or unwrapped items or to contain or wrap food, flowers or plants;

                (2) a bag provided by a pharmacy to contain prescription drugs;

                (3) a bag sold in packages containing multiple bags, such as for garbage, waste or organization; or

                (4) a bag for food prepared on store premises, such as at a bakery, delicatessen or restaurant;

          C. "reusable bag" means:

                (1) a bag made of cloth or other fabric that has handles and is designed and manufactured to be used repeatedly; and

                (2) a durable plastic bag with handles that is at least two and one-fourth mils thick and is designed and manufactured to be used repeatedly;

          D. "SPI resin identification code" means a symbol first developed by the society of the plastics industry and now used internationally and placed on plastics to identify the polymer type of plastics for recycling purposes;

          E. "store" means a place where merchandise is sold or offered to the public for sale at retail that:

                (1) has at least seven thousand square feet of retail sales space; or

                (2) has three or more stores or retail locations in the state.

     Section 3. PLASTIC BAG RECYCLING AT STORES--AVAILABILITY OF REUSABLE BAGS.--

          A. A store shall establish an at-store recycling program that permits a customer of the store to return clean plastic carry-out bags to the store.

          B. By January 1, 2011, all plastic carry-out bags provided by a store to a customer shall:

                (1) be one hundred percent recyclable;

                (2) be made of high-density polyethylene film marked with the SPI resin identification code 2 or low-density polyethylene film marked with the SPI resin identification code 4; and

                (3) have printed or displayed on the bag, in a manner conspicuously visible to a consumer, the words "PLEASE RETURN THIS BAG TO A PARTICIPATING STORE FOR RECYCLING" or a similar message encouraging the reuse or recycling of plastic carry-out bags.

          C. A plastic carry-out bag collection bin shall be placed at each store near the check-out area and shall be visible, easily accessible to the consumer and clearly marked to indicate that the collection bin is available for the purpose of collecting and recycling plastic carry-out bags.

          D. Each plastic carry-out bag that a store collects in reusable condition shall be collected and recycled in a manner consistent with the Plastic Bag Recycling Act. A store shall not dispose of collected plastic carry-out bags.

          E. A store shall maintain records describing the collection and recycling of plastic carry-out bags collected by that store and shall make the records available upon request to the department of environment to demonstrate compliance with this section.

          F. A store shall make reusable bags available to customers within the store for use in lieu of plastic carry-out bags or paper bags.

          G. A manufacturer shall provide educational materials to stores to encourage the reduction, reuse and recycling of plastic carry-out bags. A store shall place these materials in a conspicuous location, visible to the store's customers.

     Section 4. ENFORCEMENT--PENALTY.--

          A. The department of environment shall enforce the provisions of the Plastic Bag Recycling Act.

          B. A store or manufacturer that violates a provision of the Plastic Bag Recycling Act shall be fined in an amount not to exceed one hundred dollars ($100) for the first violation; not more than two hundred dollars ($200) for the second violation; and not more than one thousand dollars ($1,000) for the third and each subsequent violation.

          C. Fines collected pursuant to this section shall be remitted to the current school fund.

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