The Comprehensive Bag Reduction Act, which was originally slated for implementation on January 13, 2021, (Ordinance 20-337; Baltimore City Code Article 28 § 32-1, Article 7 § 62-1) bans single-use plastic check out bags at the point of sale, pickup, or delivery.¹ Eight U.S. states and hundreds of municipalities have enacted laws like Baltimore’s Comprehensive Bag Reduction Act.² The roll out has been delayed in light of the evolving impacts of COVID-19 on Baltimore City retailers and restaurants.³

Baltimore businesses may supply single use alternative bags to consumers and will be required to charge a minimum of $0.05 for each alternative bag distributed at check out, of which $0.01 must be paid to the city.⁴ Permissible bags for distribution include paper bags, compostable bags, and plastic bags that are 4 millimeters or thicker.⁵

The Bag Reduction Act applies to: supermarkets; convenience stores; corner stores; restaurants; shops; gas stations; and other sales outlets.⁶ With the roll-out of the ban, a limited number of free reusable bags will be distributed to residents with accessibility challenges.⁷

The ban will not apply to plastic checkout bags used solely to contain: fresh fish, meat or poultry; otherwise unpackaged fruits, nuts, vegetables, confectionary, fresh cheese, or baked goods; ice; foods and goods obtained at a farmers’ market; prescription drugs; newspapers; or dry-cleaned goods.⁸

Plastic bags came to widespread use in the 1950’s, generating massive environmental, health and economic repercussions.⁹ Plastic shopping bags are low-cost, convenient and durable; they are also one of the most common types of litter.¹⁰ Plastic bags do not readily biodegrade, taking 10-20 years to decompose.¹¹ In Baltimore City, plastic bags end up in our trees, streets, parks, drains, harbor, waterways, and oceans.¹² The Baltimore harbor’s sustainability powered trash interceptors, the “Mr.

Trash Wheel family”, have collected over 755,558 plastic bags.¹³ Baltimore City recycling centers cannot accept plastic bags because they cause costly damage to the sorting machines and eventually break the machines.¹⁴ Plastic bags are made from petroleum and are a massive contributor to greenhouse gas emissions, fueling climate change.¹⁵ The Bag Reduction Act aims to address and mitigate these environmental and waste management issues.

As of January 6, 2021, Mayor Brandon Scott has postponed the implementation of the plastic bag ban until July 9, 2021.¹⁶ In consideration of the continuing health and economic impacts of COVID-19, Mayor Scott and his administration will work together with Baltimore City retailers to ensure a smooth roll-out of the ordinance.¹⁷

Katherine Burgess is a third-year law student at the University of Baltimore School of Law and a Staff Editor for the Law Forum.  Katherine received her Bachelor of Arts in Political Science from St. Mary’s College of Maryland.  While in Baltimore, she has served as a member of the Jessup International Moot Court Team and worked as student attorney with the Saul Ewing Civil Advocacy Clinic.  Following graduation in May 2021, Katherine will serve as a judicial law clerk for the Honorable Melissa K. Copeland in the Circuit Court for Baltimore City and plans to pursue a career in litigation.

¹ The Comprehensive Bag Reduction Act, Baltimore, Md., CODE art. 28, § 32-1, art. 7, § 62 (2019).

² Id.

³ Mayor Scott Signs Executive Order to Postpone Plastic Bag Ban Implementation Due to COVID- 19, Mayor Brandon M. Scott (Jan. 6, 2021), https://mayor.baltimorecity.gov/news/press-releases/2021-01-06-mayor-scott- signs-executive-order-postpone-plastic-bag-ban.

⁴ Id.

⁵ Id.

⁶ Id.

⁷ Id.

⁸ Id.

⁹ David Evans, History of Plastic Bags: How Did We Get Here (Dec. 26, 2019), https://plastic.education/history-of- plastic-bags-how-did-we-get-here/.

¹⁰ Marcia Anderson, Confronting Plastic Pollution One Bag at a Time, The EPA Blog (Nov. 1, 2016) http://blog.epa.gove/2016/11/01.

¹¹ Why Do Plastic Bags Take So Long To Decompose?, AMAZON: REAL DEMAND, https://aahanaledlights.com/qa/why-do-plastic-bags-take-so-long-to-decompose.html. ¹² The Comprehensive Bag Reduction Act, supra note 1.

13 Mr. Trash Wheel: A Proven Solution to Ocean Plastics, , MR. TRASH WHEEL, https://www.mrtrashwheel.com.

¹⁴ The Comprehensive Bag Reduction Act, supra note 1.

¹⁵ Id.

¹⁶ MAYOR BRANDON M. SCOTT, supra note 3.

¹⁷ Id.