U.S. plastic bag laws can change the paper you buy, the fabric you choose, the information printed on a branded bag and the amount charged at checkout. A bag specification that works for one sales location may need changes for another. When we develop branded bags at CMIC, the destination and retail use belong beside size, colour and carrying strength in the packaging brief.

This guide describes rules in force on April 21, 2026. It focuses on shopping and carryout bags supplied by businesses. Start with the statewide comparison, then check Hawaii’s county system and the local rules that may apply elsewhere. Defined protective, produce, prescription and garment bags can receive different treatment from the outer bag carrying a purchase.

Statewide plastic bag laws at a glance

These eleven states have statewide plastic carryout bag bans. Their definitions, permitted alternatives and charges differ substantially. The amounts below describe the general mandatory customer charge, subject to applicable exemptions; a retailer’s selling price can be a separate consideration. A mil is one thousandth of an inch.

Colorado’s small-store exclusion has a precise meaning: the business operates solely in Colorado, has three or fewer locations in the state, and is not part of a franchise, corporation or partnership with physical locations outside Colorado. Its food-service exception covers qualifying establishments preparing or serving individual portions for immediate consumption that are neither grocery nor convenience stores. A familiar business label alone may therefore leave an important coverage question unanswered.

Three differences that can change your order

California changed its checkout options in 2026

California’s January 1, 2026 change removed the thicker reusable plastic checkout-bag route at covered stores. The recycled-paper requirement extends to checkout counters, self-checkout, in-store pickup, curbside delivery and home delivery. An older specification describing a bag as an approved reusable plastic grocery bag therefore needs reconsideration for these uses.

The state law covers defined store categories, so an apparel boutique or gift shop still needs to establish which state and local provisions apply to its location. Customers may bring their own bags, and covered stores may sell reusable grocery bags away from the point of sale. Separate rules govern pre-checkout bags: permission for a qualifying compostable produce bag does not extend to an outer compostable checkout carrier.

New Jersey restricts paper at larger grocery stores

Paper is a possible replacement for single-use plastic at many New Jersey retailers, but grocery stores of 2,500 square feet or more cannot provide or sell single-use paper carryout bags either. A skincare brand’s paper shopping bag may suit its own boutique while the supermarket selling the same products needs a qualifying reusable carrier. Under the state definition, that reusable bag must use specified washable fabric, have stitched handles—thread or ultrasonic—and be designed and manufactured for at least 125 reuses.

Washington adds a charge for thicker film

Washington retains a 2.25-mil minimum for qualifying reusable plastic film bags through 2027. For an ordinary sale without a fee exemption, a bag at least 4 mils thick carries a 12¢ pass-through charge plus a 4¢ state penalty during 2026–2027. That totals 16¢ in bag-specific charges before applicable sales tax on the pass-through charge. The additional 4¢ penalty is not subject to sales tax. Choosing thicker film for a more substantial feel therefore also changes the checkout charge.

The film specification also requires at least 40% postconsumer recycled content and exterior printing showing that percentage, the mil thickness and the bag’s reusability. Reusable bags must meet the cleaning and durability requirements, including the ability to carry at least 22 pounds over 175 feet for 125 uses. Material, construction and required print all belong in the order specification.

Reusable bag definitions vary by state

Consider a polypropylene fabric tote with stitched handles and a documented 125-use design. It may meet New Jersey’s reusable-bag requirements. New York requires an entirely non-plastic reusable bag: polypropylene, PET, nylon and cotton–plastic blends fail that material condition. A natural-fibre option must still satisfy New York’s full handle, strength and durability requirements. Keeping the same appearance across both destinations may require a different fabric and construction.

Maine’s reusable plastic film option combines a minimum 4-mil thickness with handles, cleanability, at least 75 repeated uses and an 18-pound carrying capability. Rhode Island’s definition combines stitched handles, at least 125 reuses and specified durable materials, with a 4-mil minimum for the durable-plastic option. Vermont’s guidance rejects thicker film carryout bags and identifies qualifying reusable polypropylene bags with stitched handles as an allowed alternative. A purchase order saying only “4-mil reusable bag” leaves consequential requirements unresolved.

Oregon’s enacted 2027 change affects longer purchasing plans

Oregon’s enacted SB 551 becomes operative on January 1, 2027. It removes reusable plastic and reusable fabric bags from the permitted checkout-bag categories, making qualifying recycled paper the general business-provided checkout option, subject to statutory exclusions. Retailers retain the minimum 5¢ paper charge and applicable benefit exceptions; restaurants may provide qualifying paper free. For orders intended to last into 2027, let the expected distribution date inform the material and quantity.

Paper bags need their own material and artwork specification

For a branded paper bag, the legal details can affect both purchasing and design. Recycled content, recyclability and mandatory printing need to be settled while selecting the paper and preparing the artwork. The word “paper” covers too many constructions to serve as a finished specification.

• California: required printing includes the manufacturer’s name, manufacturing country and percentage of postconsumer content. The bag must meet the statutory recycling criteria. An enacted increase requires at least 50% postconsumer recycled material from January 1, 2028.
• Colorado: the statutory recycled-paper definition calls for a bag made entirely from recycled material or other postconsumer content.
• Maine: paper bags must be 100% recyclable. A bag capable of holding at least 8 pounds must also contain at least 20% postconsumer recycled material. Maine DEP specifically identifies handles made from another material, such as plastic cord, as incompatible with its fully recyclable paper-bag requirement.
• Washington: paper bags need at least 40% postconsumer recycled material, qualifying North American wheat-straw fibre, or a combination totalling at least 40%. They must also meet the statutory compostability specification and display the relevant content percentages on the exterior.
• Vermont: the law does not require recycled content in paper bags. Its paper-bag fee has an exemption for bags with a basis weight of 30 pounds or less. Basis weight measures the paper itself; it is different from the weight a finished bag can carry.

The finished bag also needs to work comfortably with your product. A compact fragrance gift set in a rigid box can put considerable stress on handle attachments and the bag’s base. At CMIC, we can develop the paper, dimensions, handle construction and print layout together, then use a physical sample to assess fit and carrying performance with the packed product. This gives the design team something useful to approve before the bulk order.

Bag charges affect the selling experience

Maine illustrates why a ban and a charging requirement need separate attention. Its mandatory fee exemption covers stores with both less than 2% of retail sales from food and less than 10,000 square feet of retail area. A qualifying small jewellery shop may therefore provide permitted bags without the mandatory 5¢ charge while remaining subject to the bag restrictions. Restaurants also have a fee exemption, although DEP guidance distinguishes operations that additionally sell goods in the manner of a grocery, convenience store or gift shop.

Customer exemptions vary too. Colorado and Washington have specified food-assistance exemptions; Maine and Vermont require their applicable bag fees even for customers using SNAP or WIC benefits. Colorado and Oregon allow higher local charges. In New York, the locally adopted 5¢ paper-bag reduction fee is distinct from any additional price the retailer chooses to charge for the bag.

Where a mandatory charge applies, allow for its checkout treatment as well as the cost of buying the bag. Colorado and Washington prohibit reimbursing the customer for their required pass-through charges. Both require receipt information, and Colorado also requires fee signage. These details can influence how a brand explains its bag policy in-store and during online ordering.

Pickup and delivery can still be carryout

An online order can still involve a regulated carryout bag. California expressly includes pickup, curbside and home delivery at covered stores. New York provides no general plastic carryout-bag exemption for supermarket grocery delivery, although defined inner food bags remain exempt. Its exemption for bags used by restaurants and similar food-service establishments to carry out or deliver prepared food is a different provision.

Washington includes home-delivery carryout bags but expressly excludes mailing pouches and sealed envelopes from its carryout-bag definition. Rhode Island expressly permits qualifying recyclable cardboard boxes for retail deliveries. When comparing a shopping bag, protective inner bag, box and mailing pouch, identify each component’s actual use in the fulfilment arrangement. That distinction helps us develop the packaging set around the relevant requirements.

Hawaii: specify the county

Hawaii has plastic-bag restrictions across its counties through county ordinances. There is no single statewide carryout specification to use for every island location. County definitions affect permitted bags, paper specifications, printed wording and charges.

• Honolulu: the general checkout rule requires a minimum 15¢ charge for qualifying reusable or recyclable paper bags. Plastic film ceased qualifying as reusable in January 2020. A separate exception allows non-recyclable paper bags, with or without charge, to protect or transport prepared foods, beverages or bakery goods. The state health department’s county comparison sets out these distinctions.
• Maui: the ordinance permits qualifying reusable or recyclable paper bags to be supplied free or sold. Use the state health department’s county comparison to check the applicable definitions.
• Hawaii County: its plastic bag reduction ordinance covers businesses including restaurants, markets and retailers. Single-use plastic carryout bags are prohibited; the ordinance does not regulate paper bags or fees for reusable bags.
• Kauai: the county permits qualifying recyclable paper or reusable checkout bags, with charging left to the business. Its official guidance specifies at least 40% postconsumer content for recyclable paper bags and required exterior wording. It also explains that no biodegradable bags have been identified as meeting the ordinance’s definition.

If your state is not listed, check local requirements

A statewide-ban list leaves local taxes and ordinances to be checked separately. Virginia, for example, authorizes cities and counties to adopt a 5¢ disposable plastic-bag tax for grocery stores, convenience stores and pharmacies. Fairfax County’s tax began on January 1, 2022; Richmond City joined on January 1, 2026. Virginia Tax maintains an official participating-localities list and bag exemptions. Those business categories matter to a retailer deciding whether its own transactions are covered.

For another location, use the state environmental or tax agency’s guidance and the city or county’s official code. Search for “carryout bag” and “checkout bag,” then confirm the covered businesses, bag definitions, operative date, charges and exemptions in the adopted rule. State preemption also affects the answer: Colorado allows equally or more stringent local restrictions, while Washington preempts local carryout-bag ordinances. The local enforcement office can resolve a question about a particular selling arrangement.

Keep the brand consistent across suitable bag specifications

A bag programme serving several states can share its visual identity while using different materials, handles and required printing by destination. Tell us the sales locations, the selling or delivery arrangement, and the packed product’s size and weight. We can develop branded paper bag options, compare samples with your product packaging and coordinate suitable adjacent alternatives where the project needs them. Discuss your bag requirements with CMIC.