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132nd MAINE LEGISLATURE
FIRST REGULAR SESSION-2025
Legislative Document No. 56
H.P. 20 House of Representatives, January 8, 2025
An Act to Remove the 5 Cent Fee for Bags in Retail Stores
(EMERGENCY)
Received by the Clerk of the House on January 6, 2025. Referred to the Committee on
Environment and Natural Resources pursuant to Joint Rule 308.2 and ordered printed pursuant
to Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative LEMELIN of Chelsea.
Page 1 - 132LR0427(01)
1Emergency preamble. Whereas, acts and resolves of the Legislature do not
2 become effective until 90 days after adjournment unless enacted as emergencies; and
3Whereas, this legislation removes the 5¢ fee currently required to be paid by a
4 consumer when a retail establishment provides a recycled paper bag or a reusable bag made
5 of plastic to bag products at the point of sale; and
6Whereas, this legislation needs to take effect before the expiration of the 90-day
7 period to immediately protect Maine residents from the economic burden of the fee; and
8Whereas, in the judgment of the Legislature, these facts create an emergency within
9 the meaning of the Constitution of Maine and require the following legislation as
10 immediately necessary for the preservation of the public peace, health and safety; now,
11 therefore,
12Be it enacted by the People of the State of Maine as follows:
13Sec. 1. 38 MRSA §1611, sub-§3, as amended by PL 2021, c. 186, §18, is further
14 amended to read:
153. Recycled paper bag fees bags and reusable plastic bag fees; exemptions bags.
16 This subsection governs fees assessed on the use of recycled paper bags and on reusable
17 bags made of plastic.
18 A. Beginning January 15, 2021 a A retail establishment may provide a recycled paper
19 bag or a reusable bag made of plastic to bag products at the point of sale as long as the
20 retail establishment charges a fee of at least 5¢ per bag.
21 ( 1) All amounts collected pursuant to this paragraph are retained by the retail
22 establishment and may be used for any lawful purpose.
23 ( 2) A retail establishment may not rebate or otherwise reimburse a customer any
24 portion of the fee charged pursuant to this paragraph.
25 B. The requirement to charge a fee under paragraph A does not apply to:
26 ( 1) Stores at which less than 2% of retail sales are attributed to the sale of food
27 and that have less than 10,000 square feet of retail area;
28 ( 2) Restaurants; or
29 ( 3) Hunger relief organizations engaged in distributing food directly to consumers
30 at no charge.
31 A retail establishment exempt from charging a fee under this paragraph may charge a
32 fee for a recycled paper bag or a reusable bag made of plastic.
33Emergency clause. In view of the emergency cited in the preamble, this legislation
34 takes effect when approved.
35SUMMARY
36 This bill removes the 5¢ fee currently required when a retail establishment provides a
37 recycled paper bag or a reusable bag made of plastic to bag products at the point of sale.
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