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A10548
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1280
Session of
2015
INTRODUCED BY HANNA, BISHOP, THOMAS, ROZZI, McNEILL AND
V. BROWN, JUNE 5, 2015
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, JUNE 5, 2015
AN ACT
Amending the act of March 4, 1971 (P.L.6, No.2), entitled "An
act relating to tax reform and State taxation by codifying
and enumerating certain subjects of taxation and imposing
taxes thereon; providing procedures for the payment,
collection, administration and enforcement thereof; providing
for tax credits in certain cases; conferring powers and
imposing duties upon the Department of Revenue, certain
employers, fiduciaries, individuals, persons, corporations
and other entities; prescribing crimes, offenses and
penalties," providing for prohibition of a plastic bag ban,
fee, surcharge or tax.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of March 4, 1971 (P.L.6, No.2), known as
the Tax Reform Code of 1971, is amended by adding an article to
read:
ARTICLE XXIX-G XXIX-H
PROHIBITION OF A PLASTIC BAG BAN, FEE, SURCHARGE OR TAX
Section 2901-G 2901-H . Scope.
This article prohibits the imposition of a ban, fee,
surcharge or tax on the provision of plastic bags at the point
of sale of consumer goods in this Commonwealth.
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Section 2902-G 2902-H . Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Consumer good." A good that is sold at retail to a
purchaser for personal consumption or household use.
"Department." The Department of Revenue of the Commonwealth.
"Plastic bag." A bag or pouch of flexible packaging made of
thin, flexible, plastic film that is designed and intended to be
used for the carrying of goods purchased at a retail
establishment and that is provided to the purchaser by the
retail establishment at the point of sale. The term does not
include:
(1) A reusable bag or pouch specifically designed for
multiple uses and that is made of cloth, fabric or durable
plastic of at least 2.25 mils.
(2) A bag or pouch to carry or bundle produce for
delivery to the point of sale at a retail establishment.
(3) A bag or pouch made of compostable materials that
meets the American Society for Testing and Materials (ASTM)
D6400 standard for composite plastic.
"Retail establishment." An establishment that sells or
offers to sell consumer goods to the public at retail.
"Single-use bag." A bag or pouch that is designed and
intended to be used for the carrying of goods purchased at a
retail establishment and that is provided to the purchaser by
the retail establishment at the point of sale. The term does not
include:
(1) A reusable bag or pouch specifically designed for
multiple uses and is made of cloth, fabric or durable plastic
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of at least 2.25 mils.
(2) A bag or pouch to carry or bundle produce for
delivery to the point of sale at a retail establishment.
Section 2903-G 2903-H . Prohibition on the imposition of a
plastic bag ban, fee, surcharge or tax.
On and after the effective date of this article, it is
prohibited to impose a tax, surcharge, ban or fee on a plastic
bag supplied by a retail establishment to a purchaser of
consumer goods at the point of sale in this Commonwealth.
Section 2904-G 2904-H . Regulations.
The department shall promulgate rules and regulations
necessary to administer and enforce this article.
Section 2905-H. Applicability.
This article shall not apply to a governmental entity that
imposes a ban, fee, surcharge or tax on all single-use bags
regardless of the composition.
Section 2. This act shall take effect in 60 days.
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