TYPES OF POLICY APPROACHES
Policies enacted to reduce the use of plastic bags vary in range and scope. The most significant difference is whether a provision bans bags, places a fee or levy on bags, or some combination of both. The resources here will evaluate different policy approaches and provide resources to adopt and implement those different approaches.
BAN
A ‘straight’ plastic bag ban generally means that ‘single-use’ carryout plastic bags under a certain thickness are banned. Paper bags and reusable bags, including plastic bags above the thickness requirement, are still available and often free. Very few ‘total bans’ on plastic bags, that do not include a minimum thickness requirement, exist.
These bans can include any combination of banning the use, sale, distribution, manufacture, import, or export of plastic bags, and can differ in the types of businesses included.
To maximize consumer behavior change and plastic bag reductions, policies should address other types of carryout bags, and encourage the switch to true reusables so that individuals don’t just switch from one type of disposable bag to another. Otherwise, straight plastic bag bans can result in a transition from:
- Single-use plastic bags to single-use paper bags;
- Thinner to thicker plastic bags that qualify as reusable;
- Petroleum-based plastics to bio-based plastics and/or bio-degradables, oxo-degradables, and/or compostables.
CHARGE
Fees, charges, levies, and taxes provide a market-based approach to regulating plastic bags and encouraging consumers to transition to reusables.
For both this and the hybrid approach, be aware that the legal definitions of ‘fee’, ‘charge’, ‘levy’, and ‘tax’ can vary greatly between geographies. Also, there can be legal implications for the term used, usually dependent on where the money goes.
In this approach, mandatory charges are placed on single-use plastic bags, paper bags, reusable bags, or some combination of the three. A mandatory charge on plastic bags, at minimum, provides consumers with a visible price for a bag. In essence, this is a ‘ban on free plastic bags.’ Charging for bags can disincentivize consumers from using single-use bags and encourage them to either bring their own reusable bags or not use a bag at all. Charging for a new single-use bag is more effective than a discount or credit for bringing your own reusable bag.
HYBRID = BAN+CHARGE
A hybrid model includes both a ban on plastic bags (or both plastic and paper) with a consumer charge for all other reusables and alternatives. While the ban eliminates the plastic bags, the charge provides the option to purchase an alternative if the consumer forgets their reusable bag, and is still a fairly effective motivator for creating the desired behavior change.
Since the hybrid is a widely accepted approach for decreasing overall single-use bag consumption and increasing reusable bag use, when choosing between a straight ban, a charge, or the hybrid approach, we suggest the hybrid because we believe it to be the most effective way to avoid a transition to other types of disposable bags.
If a hybrid-type regulation can’t be passed for any reason, a charge, ideally on all bags regardless of material composition, at the very least has a much better chance of changing consumer behavior and reducing the amount of disposable bags than just a plastic bag ban. We acknowledge that in some jurisdictions there will be obstacles to imposing a charge for various reasons in which case we believe that a ban is better than nothing.
POLICY ELEMENTS & BEST PRACTICES
Once you have decided on which policy approach is right for you there are key elements to select and build into proposed regulation. As this process can be often heavily influenced by industries which stand to lose or gain from specific wording, pay special attention.
BUILD & PROPOSE CRITICAL ELEMENTS TO CONSIDER
DEFINITIONS
Clearly define all terms to maintain clarity and avoid loopholes, and keep them consistent throughout the policy and accompanying documents. Key terms to define in policy, may include:
- Single-use (lightweight)
- Define all polyethylene bags as single-use regardless of thickness, since typically even thicker polyethylene bags are treated as disposable.
- Re-usable (thicker)
- Reusable bags or containers that are allowed should include only thicker polypropylene plastic bags; bags made from cotton, jute or other local materials; and boxes.
- Austin study determined that 4 ml is the minimum thickness for allowable reusables to be effective.
- Polyethylene, polypropylene
- Compostable, Bio-degradable, Oxo-degradables – Include country specific standards
- Non-petroleum derived bio-plastic bags
- Recycled paper bags – Include a 40% (minimum) post consumer recycled content requirement for paper and plastic bags
- Produce bags
CHARGE AMOUNT
Charge amount depends on the political will of the community but typically ranges from 5 cents – $1 USD per disposable. Consider the following:
- Charge should be enough to cover the entire cost of plastic bag production, distribution, consumption and disposal.
- What price will create lasting behavior change and achieve plastic bag reductions long term?
- Charges for bags are typically a minimum charge, allowing higher quality reusable bags to be sold at a higher price point.
- Include language in policy for the price to be increased if needed.
Consumers should be informed of bag charge and know how much they’re paying for each transaction. At minimum, make charge visible on receipt.
WHERE MONEY GOES
Policy should clearly define where money goes and how it will be used. Policy requirements vary based on political will and fiscal system, options include:
- Money is collected and used for waste related initiatives, such as clean up and/or education or to boost the local recycling industry and create jobs (suggested)
- Consumers choose a charity of choice
- Leave charge with businesses to avoid unconstitutional taxation, among other reasons.
BUSINESSES COVERED
The types of businesses that are covered by a plastic bag ordinance is primarily a function of the political will of a city. There are often size restrictions (based on size of the store) or restrictions based on annual sales. The most effective policy should apply to all types of grocery stores, restaurants and other retail stores.
At minimum include 1 or more of the following business types
- City vendors
- Supermarkets
- Smaller stores that sell food
- Large pharmacy chains
- Restaurants
- Small or large retail stores
EXEMPTIONS
Types of Bags | It is important to consider ALL types of single-use carryout bags in your region and address these bag types in policy. We recommend including as many types of bags in your regulation, with minimal exceptions.
Low Income Exceptions | To reduce the burden on those who will have a hard time affording reusable bags, or paying for a disposable bag when they forget to bring a reusable, include a pathway for these in the policy.
Business Hardship | For businesses, include a clause that allows them to apply for a time extension – though this should be rarely used.
ALTERNATIVES
An ideal policy would restrict all types of plastic bags, of all thicknesses, including bioplastics, compostables, biodegradables, and oxo-degradables, as they are still prone to becoming litter, can gum up recycling machinery if they get co-mingled with recyclables. Plus, they still take resources to make, transport and dispose of.
If you do allow, be sure to mandate a third-party certification for bag producers to meet reusable bag requirements, or limit bag distribution to certified authorized bag sellers.
Biodegradables – Despite common thought, most bags labeled as biodegradable do not benignly degrade in the environment, making the term confusing and dangerous. While EU Member States more strictly define and regulate bio-degradable bag, most jurisdictions standards for biodegradability are not uniformly regulated and are often open to interpretation by industry.
We recommend extreme caution when choosing to include biodegradable bags in a policy and best practice would be NOT to allow biodegradable bags.
Compostable bags must end up in industrial composting facilities to properly compost. Thus we only recommend including compostable bags in a policy IF the location has such facilities in the jurisdiction.
INCENTIVES
Some laws provide tax or other incentives for manufacturers to recycle plastic bags and/or grants or loans for retooling factories to make reusable bags, and training programs for workers in order to protect their jobs.
The more you can appease policy makers who are concerned about job loss and the manufacturers that pressure them to oppose, the better. Therefore, if you can find a path forward to protecting local manufacturing and jobs, this can help save jobs and win political support.
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MINIMUM RECYCLED CONTENT
While not all current regulations have requirements for minimum recycled content for bag alternatives – we recommend this be included.
- At minimum, include the common standard requirement for paper at 40% post-consumer recycled content.
- Even better to include one for plastic too.
- Mandate a third-party certification for bag producers to meet bag requirements for minimum recycled content, or limit bag distribution to certified authorized bag sellers.
EXTENT OF REGULATION
Multi-Product | Some bag regulations are part of a more comprehensive waste prevention and management strategy that includes regulating or incentivizing reduction of other single-use disposable products or materials as well.
Extent of Ban | In addition to simply prohibiting the sale and use of plastic bags, regulations can include the manufacture, import and export as well. Consider casting as wide a net as possible.
If this is the first policy of this sort being proposed, it may be easier to enact regulations addressing one product at a time. However, if the goal is to reduce plastic pollution and disposability to the greatest extent possible, a more comprehensive set of zero waste regulations and restrictions is required.
RETAILER REPORTING
Many regulations have reporting requirements for money collected. We suggest including reporting requirements in the law as it will help with overall measurement and monitoring.
Washington DC businesses are required to report and remit their net bag fee collections. Businesses are authorized to keep $0.01 of each $0.05 fee collected and must remit the remaining $0.04 for each bag distributed.
OUTREACH & EDUCATION
Many regulations contain specifics for outreach and education, including reusable bag giveaways, which can be done in low-income communities to address financial concerns. Since education is crucial to the success of both passing and implementing policies, it would be good to get the language to support this in the policy itself for once the law passes.
IMPLEMENTATION
ENFORCEMENT
- Penalties can range from warnings to fines to more severe penalties, such as jail time.
- Some regulations call for regular or random inspections.
- Clearly indicate what the penalties are and who/what department is responsible for enforcing the regulation.
EFFECTIVE DATES
The phase-in period for regulations can vary in time allotted, pace at which it happens, and can differ for large and small stores. Choose an adoption date that reasonably gives stores time needed to exhaust inventory and adjust. While many regulations allow for 6 months to a year after adoption for stores to exhaust inventory, we recommend 3 months for larger stores and 6 months for smaller ones.
ADOPT & PASS KEY ACTIONS TO ENSURE THE POLICY GETS PASSED
ENGAGE STAKEHOLDERS
Consult with and gather input from all stakeholders about the proposed policy. This can help prevent potential citizen, merchant, and industrial opposition. Conduct this consultation throughout the process: at conception of the idea, during the process, and once the regulation is in effect.
Conduct Surveys & Polling – For different stakeholder groups – business or merchant groups, neighborhood associations, shoppers and consumers. Poling can be formal or informal. Use different messaging to appeal to different audiences and decision makers.
Hold Community Workshops – Regulators and community activists should engage community input through workshops and hearings at the state or national level. At the local level, this can be through town hall meetings, community workshops, or listening sessions At the state level, informational hearings in key districts are more appropriate. Use these sessions to educate the community about the reasons for the proposed regulation and to listen to their concerns.
Hold Business Workshops – Reach out to local business groups and ask for their help to get turnout for the meeting. Identify supporters in the business community and find ways to further their engagement. Ask them to attend hearings, visit legislators, and engage other friends and neighbors, or business leaders. At the state or national level, reach out to larger business associations, as well as big chains and brand-owners. Use workshops, hearings, and local meetings to educate the business community about the need for the regulation, what the regulation will do, and how it might help benefit them. Listen to concerns and try to address them.
MAKE THE CASE
Any bag regulation should ideally be based on legitimate data and tailored to address issues raised by the data. Regulators and advocates are well-advised to provide data on the extent to which plastic bags impact the relevant geographic area both environmentally and financially.
In many parts of the world, when a project or policy that might have an impact on the environment is proposed, an assessment of potential environmental impacts is required. In the USA, this is referred to as an Environmental Impact Statement/Report (EIS/EIR).
Seek environmental impact and financial data, such as the costs of plastic bags – associated with:
- Cleanup and management of litter (street sweeping, garbage management, manual collection, hauling data)
- Number of bags currently being distributed at local stores
- Storm-drain maintenance (clogging and cleanout of storm drains, infrastructure costs, operations and maintenance by local government)
- Flooding (litter causing flooding and associated costs)
- Waste management infrastructure (plastic bags jam recycling machinery)
- Commercial compost (plastic bags are notorious for fouling compost)
- Water quality impacts (plastics impact marine ecosystems in a variety of ways- habitat, oxygen depletion, sediment loading, aquatic species, microplastics accumulation, etc.)
- Shoreline and terrestrial impacts (could include tourism impacts, impacts to terrestrial species, etc.)
- Greenhouse gas impacts – generally discussed for paper and plastic, should include benefits of reusables
- Incineration
- Challenges with exporting waste
- Circular economy/durable bags
Use already existing materials, extrapolate relevant data, and/or create materials specific to your specific geography. Acknowledging that developing such reports and evaluations can cost money, one may be able to extrapolate from already existing information to make it relevant in your region. This information will help justify the measure, as well as help demonstrate effectiveness down the line.
REGULATORY COMPLIANCE
Regulatory agencies are generally knowledgeable about what types of regulatory information requirements they must address. Advocates should become knowledgeable about the regulatory process and engage in helping to build awareness among regulators. Advocates may help advance their position by providing regulators with relevant studies and background information that both builds the case and helps regulators check the boxes for regulatory compliance.
OPPOSITION TACTICS
Consumers may not like the regulations, like in Brazil for example where a national bag policy never came to fruition because citizens felt it their right to continue to receive free plastic bags. Government officials may not like the regulations, or there could be internal politics that have nothing to do with the regulations themselves that should be kept in mind. Businesses, particularly smaller ones that pay more for bag alternatives might resist change.
The plastic bag industry in particular will likely lobby hard and have used litigation and state preemption in many cases to thwart plastic bag regulations, while in other cases they have taken measures to overturn them. The plastics industry has spent millions lobbying against local ordinances and for statewide preemption of local ordinances, engaged in public relations campaigns, and sued or threatened to sue, for example, virtually every California municipality that has recently taken steps to adopt a plastic bag ordinance. Plastic bag manufacturers also sued a reusable bag manufacturer for “talking trash” about plastic bags.
The seriousness with which the plastics industry is taking environmentalists’ attempts to restrict plastic bags demonstrates that this is a “tipping point” issue for the plastics industry, and the battle is far from over.
DEVELOP A CAMPAIGN
Engagement campaigns can be led by the government, by advocates, or both. For a campaign to be successful, one must develop an engagement strategy that includes identifying short and long-term goals, identifying targets, tactics and constituents.
Draft a written strategy and share it with your allies or working group for input. The strategy should identify tactics and actions to educate and help build the base of support and apply pressure on decision makers. It should assign specific people or organizations to each task and time frames during which each action will be completed.
CAMPAIGN MESSAGING
It has been pointed out the word “tax” can be a hot-button issue, as there are many stakeholders who are strongly opposed to increasing taxes on citizens. Therefore, a “tax” can immediately alienate a policymaker, business leader, and individual residents alike. A similar reaction can actually be had by different – or the same! – groups when proposing a blanket “ban” policy on single-use bags or other items. Therefore, focusing on the outcome rather than approach in naming the policy can help remind all stakeholders of the intent of the policy. One solution is framing plastic bag regulations as “reusable bag laws” instead of “bans” or “fees”, since encouraging the use of reusable bags is the intended outcome.
It’s also important to message from a variety of angles, since different messages will speak differently to different people. For some it will be the environmental messages that plastic bags plague streets, parks, waterways, and the ocean, for some the taxpayers dollars used to clean up trash, and for others the health impacts for people and/or animals.
A communications strategy is an important tool for engagement. Develop new or recruit existing allies in the media. Reach out to print, radio, and/or television news media at key points in the process. Think about which legislators need pressure to support the legislation and target media in those areas. Use social media to engage supporters and provide a clear call to action with each message. various forms of media including press conferences and releases, social media (including hashtags, engage with reporters), newspapers – good LTEs/OpEds.
IMPLEMENT & MONITOR ENSURE THE POLICY IS EFFECTIVE
SOCIALIZATION
Socialization of policy and ongoing education is critical to ensure all stakeholders – businesses and consumers – understand the regulation, know their options, and know what to do if someone isn’t complying. Proper communication on the measure allows for an increase in public acceptance and compliance. This can and should be done by advocates, businesses, and regulators.
- Publicize the regulation in prominent areas
- Put signs near shop entrances reminding consumers to bring reusable bags
- Create and share a website for public and businesses, explaining the law, include types of bags & businesses covered and FAQ
- Create community business and engagement strategies
ENFORCEMENT
While some regulations have long been established, many lack implementation/enforcement, Bangladesh and Philippines are two of countless examples of this. Many governments, even though there are mandates for their oversight, don’t have the capacity to do so, dissipate over time, or priorities shift with political turnover. Help publicize information about implementation of the initiative and reach out to help affected people and businesses with the transition.
Enforcement tools include the following and should be clearly written into the regulation:
- Letters to businesses letting them know when the law is in effect and what the penalties are for not complying.
- Regular inspections, with a warning notice for non-compliance upon first violation and a citation for subsequent violations – or as outlined in the regulation itself.
- Phone numbers for consumers to call and report policy violations, and letters they can send to businesses themselves (CAW)
MEASURE EFFECTIVENESS
There are opportunities to evaluate the effectiveness of your policy all along the chain of use, including after your regulation passes. If you have conducted surveys of consumers or retailers, or performed a litter audit on the front end, you should be able to compare the results on the back end.
Once again, it’s important to keep in mind that impacts can be social, environmental, and/or economic. Carrying out a survey of the market’s cleanliness or the residents’ average consumption can also allow the measure’s acceptance to be increased by stressing the measure’s immediate and positive impacts.
Post-implementation surveys and data collection are suggested. Monitor success and report back one year after implementation to tout the effectiveness of the program. Doing so will help you to be prepared to defend the program should there be an initiative to repeal it.
Examples of impact assessments include: Plastic bag reductions; increase in reusable bag or no bag behavior; business profit and/or savings; waste reduction and/or litter audits
OTHER RESOURCES
LEGISLATIVE DATA SETS
Feature created for users to access data sets of legislation from around the world – providing an overview of what plastic regulation was been passed where and linking to actual ordinance language where available.
VIEW TOOLKIT LEGISLATIVE DATA SET MAP HERE
OTHER TOOLKITS
There are a number of other valuable toolkits and guides that have been created as resources for policy makers and advocates. A few suggested resources are listed below.
Surfrider 2019 Plastic Bag Law Activist Toolkit for U.S. Cities and States – Reviews of types of bag laws and best practices for US cities, model ordinances, best facts and statistics to use, how to build your own campaign, implementing law and measuring effectiveness and links to additional online resources.
Surfrider’s Rise Above Plastics Activist Toolkit – Gives an overview of the problems of single-use plastics and outlines plastics reduction laws.
Mass Green Community Bag Law Toolkit – Includes information on: Funding Opportunities; Powerpoint Presentation to Support Bag Laws; Greenhouse Gas & Retail Cost Calculator; Flyers and Other Publicity Materials; Tips for Municipalities with Representative Town Meeting; Working with Business Owners; Preparing to meet the Opposition; Do bag laws really make a difference?
*VIEW FULL LIST* of other toolkits and contents that are included in each.
PUBLICATIONS
Visit the bags publications page here to view a list of reports, studies, articles and resource links, intended to inform and enable organisations and individuals in their efforts to advance policy actions that prevent plastic pollution and promote solutions. The bags publications page includes:
- Fact Sheets, Talking Points, and Arguments and Rebuttals
- Studies and Reports: Analysing Economic & Environmental Impacts and Assessing Policy Impacts & Effectiveness
- Findings about harms of plastics to animals, health, environment
