7 Del. Admin. Code § 1301-14.0

Current through Register Vol. 28, No. 4, October 1, 2024

Section 1301-14.0 - Plastic Carryout Bag Ban and At Store Recycling Program

14.1 The purposes of these regulations are to ensure the following:

14.1.1 Plastic carryout bags, as defined by 7 Del.C. § 6099A, are banned;

14.1.2 At-store collection of plastic carryout bags and film are implemented, maintained, and consistent with 7 Del.C. Ch. 60 Subchapter IX, Recycling and Waste Reduction;

14.1.3 Plastic bags and film enter the marketplace and are not disposed; and

14.1.4 Stores collect and report data to support the intent of 7 Del.C. § 6099A.

14.2 Applicability. These regulations apply to:

14.2.1 All stores in the State of Delaware.

14.2.2 All manufacturers of plastic bags sold to a store in Delaware.

14.3 General Provisions

14.3.1 Stores shall:

14.3.1.1 Establish an at-store recycling program pursuant to 7 Del.C. Ch. 60 Subchapter IX, Recycling and Waste Reduction, that permits a customer of the store to return clean and dry plastic bags and film to the store.

14.3.1.2 Place a plastic bag and film collection bin at each store that is visible upon entering the store and that is easily accessible to the customer, clearly marked with the following language: "Please recycle plastic bags and film here," and that the collection bin is available for the purpose of collecting and recycling plastic carryout bags and film.

14.3.1.3 Provide clear information on what types of plastic bags or film that can be recycled within that location's at-store plastic bag recycling program.

14.3.1.4 Not commingle source-separated plastic bags and film with other solid waste.

14.3.1.5 Ensure the plastic bags and film enter the marketplace.

14.3.1.6 Adopting practices to eliminate the need for plastic carry out bags as outlined in 7 Del.C. § 6099A, allows stores to remove an at store recycling program and can cease the collection as of March 31, 2021; and

14.3.1.7 Document the measurement of the plastic bag and film collected at the location's at-store plastic bag recycling program; perform an annual review and create an annual report summarizing the measurement documentation; and maintain the records related to the annual review and report and measurement documentation for three years; stores that supply this data as part of the Universal Recycling program reporting do not need to submit a separate report.

14.3.2 A retail establishment that does not meet the definition of a store and that provides plastic carryout bags to customers at the point of sale may adopt a similar at-store recycling program, as specified in 7 Del.C. Ch. 60 Subchapter IX, Recycling and Waste Reduction.

14.3.3 Manufacturers of plastic carryout bags shall:

14.3.3.1 Assist stores and ensure that all reusable bags sold within the state meet the requirements outlined in 7 Del.C. Ch. 60 Subchapter IX, Recycling and Waste Reduction.

14.3.3.2 Ensure that plastic bags classified as reusable contain a label that includes the following language, "This plastic bag is reusable and should be returned to stores for recycling and not recycled curbside."

14.3.3.3 Provide stores with recycling opportunities for reusable plastic bags and film to help increase diversion of this material where such programs exist and support store education efforts to educate consumers about plastic bag and film recycling programs.

7 Del. Admin. Code § 1301-14.0

24 DE Reg. 603 (12/1/2020) (Final)