HOUSE ENERGY, ENVIRONMENT AND NATURAL RESOURCES
COMMITTEE SUBSTITUTE FOR
HOUSE BILL 432
56th legislature - STATE OF NEW MEXICO - first session, 2023
RELATING TO THE ENVIRONMENT; ENACTING THE PLASTIC WASTE REDUCTION ACT; PROHIBITING RETAIL ESTABLISHMENTS, FOOD PROVIDERS AND ENTITIES THAT DELIVER GOODS FROM MAKING AVAILABLE OR DELIVERING GOODS IN SINGLE-USE PLASTIC CHECKOUT BAGS; PROVIDING EXCEPTIONS; PROVIDING A PENALTY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. [NEW MATERIAL] SHORT TITLE.--This act may be cited as the "Plastic Waste Reduction Act".
SECTION 2. [NEW MATERIAL] DEFINITIONS.--As used in the Plastic Waste Reduction Act:
A. "food provider" means a business whose primary product is food prepared for consumption on site or for take out and that is not a retail sales establishment;
B. "plastic" means 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, including material derived from either petroleum or a biologically based polymer, such as corn or other plant sources;
C. "recyclable" means, with respect to material, any material that would otherwise be disposed of or processed as waste that can be recovered, separated, collected and reprocessed for the purpose of using the reprocessed material in the manufacture of a new product;
D. "recyclable cardboard box" means a box made of non-waxed cardboard or paper;
E. "recycled content paper bag" means a paper bag that contains at minimum forty percent post-consumer recycled content and is one hundred percent recyclable;
F. "retail sales establishment" means a grocery store, supermarket, convenience store, liquor store, pharmacy, drug store or other retail establishment that provides carryout bags to its customers and excludes food providers;
G. "reusable carryout bag" means a bag that is designed and manufactured for multiple uses, is made of cloth or other machine-washable fabric and has stitched handles; or a polypropylene or recycled-content polyethylene terephthalate bag that has stitched handles; and
H. "single-use plastic checkout bag" means a carryout bag made from plastic that is provided to a customer at the point of sale for the purpose of transporting groceries, food or other goods and is not specifically designed and manufactured for multiple reuse.
SECTION 3. [NEW MATERIAL] PLASTIC BAG BAN--EXCEPTIONS--PROVIDING A PENALTY.--
A. Retail sales establishments, food providers and entities that deliver goods are prohibited from making available or delivering goods in a single-use plastic checkout bag or any other bag or box that is not a reusable carryout bag, recycled content paper bag or recyclable cardboard box.
B. The prohibition of Subsection A of this section does not apply to:
(1) non-handled bags used to protect items from damaging or contaminating other purchased items placed in a recycled content paper bag, reusable carryout bags or recyclable cardboard boxes;
(2) bags provided to customers for:
(a) loose items, such as fruits, vegetables, nuts, ground coffee, grains, candies or small hardware items;
(b) uncooked meat, poultry or seafood; or
(c) prepared takeout food with a high liquid content that is intended for consumption away from a food provider's premises;
(3) laundry, dry cleaning or garment bags, including bags provided by hotels to guests to contain wet or dirty clothing;
(4) bags sold in packages containing multiple bags intended for use as garbage, pet waste or yard waste;
(5) bags used to contain or transport live animals or aquatic plants;
(6) bags used to transport chemical pesticides, drain-cleaning chemicals or other caustic chemicals sold at the retail level;
(7) bags provided to transport partially consumed bottles of wine;
(8) bags used to protect delivered newspapers from inclement weather; or
(9) any bag similar to those exempted by this subsection, as determined by the department of environment.
C. A food provider shall not be required to accept a reusable carryout bag, recycled content paper bag or recyclable cardboard box brought in from a customer for the transport of food for consumption away from the food provider's premises.
D. A county or municipality may by ordinance prescribe a penalty for a violation of the provisions of this section; provided that if a county or municipality does not prescribe a penalty, the department of environment may assess a penalty in an amount not to exceed twenty-five dollars ($25.00) per day of violation.
E. The department of environment shall promulgate rules for the implementation of the provisions of the Plastic Waste Reduction Act.
SECTION 4. EFFECTIVE DATE.--The effective date of the provisions of this act is January 1, 2024.
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