Pennsylvania HB 1547: An Act prohibiting single-use plastic bags in retail establishments; and imposing duties on the Department of Community and Economic Development.

Bill Text

PRINTER'S NO. 1824
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1547
Session of
2025
INTRODUCED BY MADDEN, KHAN, STEELE, SCOTT, PROBST, HILL-EVANS,
SANCHEZ, HARKINS, FREEMAN, MALAGARI, GIRAL, PIELLI, McNEILL,
HOWARD, MERSKI, RIVERA, D. WILLIAMS, GREEN, FRANKEL,
SHUSTERMAN AND MAYES, JUNE 3, 2025
REFERRED TO COMMITTEE ON ENVIRONMENTAL AND NATURAL RESOURCE
PROTECTION, JUNE 3, 2025
AN ACT
Prohibiting single-use plastic bags in retail establishments;
and imposing duties on the Department of Community and
Economic Development.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Retail
Establishment Bag Prohibition Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Department." The Department of Community and Economic
Development.
"Exempted bag." Any of the following:
(1) A bag used inside a retail establishment by a
customer to deliver perishable items to the point-of-sale at
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that establishment, including any of the following:
(i) To package bulk items, including fruit,
vegetables, nuts, grains or candy.
(ii) To contain or wrap meats or fish.
(iii) To contain unwrapped prepared foods or bakery
goods or to contain or wrap flowers, potted plants or
similar items.
(iv) To package medications distributed through a
pharmacy.
(2) A bag sold in packaging containing multiple bags and
packaged at the time of manufacture of the bag, including
food storage, garbage containment or pet waste collection
bags.
(3) A bag used by a dry cleaning establishment to
protect a customer's garments.
(4) A recycled paper bag used by a retail establishment
to deliver products directly to a customer.
"Food instrument." As defined under section 2 of the act of
June 10, 2024 (P.L.387, No.22), known as the WIC State Advisory
Board Act.
"Plastic." A synthetic material made from linking monomers
through a chemical reaction to create a polymer chain that can
be molded or extruded at high heat into various solid forms that
retain their defined shapes during their life cycle and after
disposal, including material derived from either petrochemicals
or a biologically based polymer, including corn or other plant
sources.
"Recycled paper bag." As follows:
(1) A paper bag that meets the following:
(i) Contains no old growth fiber.
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(ii) Contains a minimum of 40% postconsumer recycled
content.
(2) The term does not include an exempted bag.
"Retail establishment." As follows:
(1) A location where food or other products are offered
to the public for direct sale or delivery to a customer,
including the following:
(i) A supermarket.
(ii) A convenience store.
(iii) A service station.
(iv) A department store.
(v) A discount store.
(vi) A clothing store.
(vii) A restaurant.
(viii) A food truck.
(ix) A farmers' market.
(x) A delivery service.
(2) The term does not include dry-cleaning
establishments or pharmacies.
"Single-use plastic bag." A bag made from plastic that is
made through a blown-film extrusion process. The term does not
include an exempted bag.
Section 3. Retail establishment bag prohibition.
(a) Prohibition.--A retail establishment may not provide a
single-use plastic bag or a paper bag other than a recycled
paper bag to a customer at the retail establishment or through a
delivery.
(b) Exemption.--The prohibition under subsection (a) and the
fee established under section 5(a) shall not apply to an
individual making a purchase through the use of a food
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instrument issued under The Pennsylvania Special Supplemental
Nutrition Program for Women, Infants and Children.
Section 4. Signage requirement.
After the effective date of this section until January 31,
2027, a retail establishment shall post conspicuous signage at
all customer entrances to the retail establishment or at all
points of sale that states the following:
(1) Single-use plastic bags and paper bags other than
recycled paper bags will no longer be provided by the retail
establishment as of the date that the prohibition begins.
(2) An explanation of which types of bags and which
purchases will be affected by the prohibition.
(3) Any other information required by the department.
Section 5. Use of recycled paper bags.
(a) Recycled paper bags.--A retail establishment may provide
a recycled paper bag to a consumer for an additional cost of not
less than 10¢ and not more than 25¢ per bag at the point of
sale.
(b) Retention.--All money collected by a retail
establishment under this section for the provision of a recycled
paper bag shall be retained by the retail establishment.
(c) Charge.--A charge for a rec