TYPES OF BAG LAWS
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. The definition of ‘single-use’ and ‘reusable’ plastic bags varies among policies. It’s important to be clear about the definitions of the types of bags that are both banned and allowed.
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
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
Companies need to take responsibility for the harmful impact throughout the entire life cycles of the products they create and all of their packaging.
BUILD + PROPOSE CRITICAL ELEMENTS AND DECISION POINTS 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
POLICY RECOMMENDATIONS
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.
RESEARCH GAPS
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.
LESSONS LEARNED
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
MEASURING EFFECTIVENESS
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.
OTHER TOOLKITS
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.
ADOPT + PASS KEY ACTIONS TO ENSURE YOUR POLICY GETS PASSED
CAMPAIGNS
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.
TALKING POINTS
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.
MAKE THE CASE
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.
IMPLEMENT + MONITOR ENSURE YOUR POLICY IS EFFECTIVE
STAKEHOLDER PROGRAMS
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)
RESEARCH TOOLS
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
COMPLIANCE TOOLS
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.
Impact Assessments
– Plastic Bag Reductions
– Increase in Reusable Bag or No Bag Behavior
– Business profit and/or savings
– Waste Reduction
– Litter audits
