Why this affects a branded bag order
Most promotional bags are never carryout bags. A tote handed out at a conference, sold as merchandise or given to staff sits outside these rules entirely, because it is not being provided at the point of sale as a way of carrying a purchase home.
The moment a bag is offered at a register to carry goods, it changes category. At that point the material, the thickness, the handles, sometimes the recycled content and sometimes a printed instruction on the bag itself can all be regulated. Order the wrong bag and you own a pallet you cannot use in one of your states.
New York: machine washable fabric with handles
New York's Bag Waste Reduction Act took effect on 1 March 2020 and bans the distribution of plastic carryout bags by any person required to collect tax. It defines a reusable bag as either a bag made of cloth or other machine washable fabric that has handles, or a durable bag with handles specifically designed and manufactured for multiple reuse.
Read that definition as a specification. Handles are not optional. Machine washable fabric is a material test that a thin non woven sheet struggles to meet. The regulations, 6 NYCRR Part 351, took effect on 14 March 2020 and set out the prohibition, the allowable reusable bags and the recycling obligations for stores.
There is also a printed requirement worth knowing. Plastic carryout bags given to consumers in New York must state that they should be returned to a participating store for recycling, or reused or recycled at a participating store. That is copy on the bag, which means it belongs in your artwork brief and not in an afterthought.
California: recycled paper only at the point of sale
California has changed twice, and the current position is stricter than most people remember. The reusable grocery bag requirements originally enacted by SB 270 are no longer in effect following SB 1053.
Since 1 January 2026, covered stores may only provide recycled paper carryout bags at the point of sale, for a charge, and plastic film bags are prohibited regardless of thickness or whether they are labelled reusable. Those recycled paper bags must contain at least 40 percent postconsumer recycled material, rising to at least 50 percent from 1 January 2028. CalRecycle oversees implementation.
If you sell in California and your carryout bag is paper, the postconsumer percentage is now part of your specification. The to go bags in this catalogue are described as brown kraft or white kraft made from 100 percent post consumer recycled fiber, which is the kind of figure to look for and confirm for the product you actually order.
What to check, state by state
| Question | Why it matters |
|---|---|
| Is this a carryout bag at the point of sale? | If no, most of these rules do not apply |
| Does the state ban plastic film bags? | Thickness and reusable labelling may not help |
| Is there a minimum charge per bag? | Often a fixed amount you must collect |
| Is recycled content mandated, and at what percentage? | Becomes part of the material specification |
| Must the bag carry printed wording? | Becomes part of your artwork |
| Is there a local ordinance as well? | Cities and counties often add requirements |
The National Conference of State Legislatures maintains a summary of state plastic bag legislation, which is the right starting point before you look up the statute itself. Counts of how many states regulate bags vary between sources, because some tallies include fee only laws and local ordinances and others count statewide bans alone.
Do not let the claim outrun the bag
A reusable bag is a natural place to put an environmental claim, and a risky one. The FTC Green Guides cover general principles for environmental marketing claims, how consumers are likely to interpret particular claims, and how marketers can qualify claims to avoid deceiving consumers.
In practice that means three things. State the recycled percentage and what part of the bag it applies to. Do not describe a bag as recyclable without regard to whether facilities actually accept it. And do not imply a bag is reusable if its own care instruction rules out washing. Decorated bags in this range carry deliberately conservative care lines: tote bags say to skip the washing machine, drawstring bags say sponge clean only, and messenger bags and briefcases recommend hand washing.
That last point is a genuine tension. A printed cotton tote is durable and can be spot cleaned for years, and it is not a machine washable bag once decorated. Describe what it is.
A practical order path
- Decide whether the bag is a carryout bag or a promotional one.
- If carryout, list every state and city where it will be used.
- Check NCSL, then the state agency page, then any local ordinance.
- Write the material, thickness, recycled content and required printed wording into the specification.
- Confirm the specification for the exact product before ordering, not the category.
- Keep the evidence for any recycled content claim you print.
Reusable bag law checklist
- Promotional and merchandise bags are usually outside carryout bag rules.
- New York requires cloth or other machine washable fabric with handles, or a durable bag built for reuse.
- California allows only recycled paper carryout bags at the point of sale since January 2026.
- Recycled content minimums rise over time, so check the current figure.
- Required printed wording belongs in the artwork brief.
- Qualify environmental claims and do not call a spot clean only bag machine washable.
Frequently asked questions
Does a promotional tote bag count as a reusable bag under state law?
Usually the question does not arise, because carryout bag rules apply to bags provided at the point of sale to carry a purchase. A tote handed out at an event, sold as merchandise or issued to staff is outside that. If the same bag is offered at a register, it becomes a carryout bag and the state definition applies.
What makes a bag legally reusable in New York?
The Bag Waste Reduction Act defines a reusable bag as one made of cloth or other machine washable fabric that has handles, or a durable bag with handles specifically designed and manufactured for multiple reuse. Handles are part of the definition, and machine washable fabric is a material test a thin non woven sheet struggles to meet.
Can you still give out plastic reusable bags in California?
No. Since 1 January 2026 covered stores may only provide recycled paper carryout bags at the point of sale, and plastic film bags are prohibited regardless of thickness or reusable labelling. The recycled paper bags must contain at least 40 percent postconsumer recycled material, rising to at least 50 percent from 1 January 2028.
How many states regulate carryout bags?
Roughly a dozen states plus the District of Columbia, although published counts differ because some include fee only laws and local ordinances while others count statewide bans alone. Start from the National Conference of State Legislatures summary, then read the state agency page and any city or county ordinance that applies.
Sources & specification notes
The references below support the relevant technical or product details in this guide. Examples and checklists are not claims of practical testing or universal supplier requirements. Confirm the current specifications for your chosen product before production.
- National Conference of State Legislatures: State Plastic Bag Legislation ↗
Supports the statement that state legislatures regulate carryout bags through bans, fees and taxes, and that published counts of regulating states vary by source.
- New York State DEC: Bag Waste Reduction Law ↗
Supports the 1 March 2020 effective date, the ban on plastic carryout bags by persons required to collect tax, the reusable bag definition, the 6 NYCRR Part 351 regulations effective 14 March 2020, and the required printed recycling wording.
- New York State DEC: Bag Waste Reduction Act, Information for Manufacturers and Retailers ↗
Supports the at store recycling programme obligation and the manufacturer and retailer requirements for allowable bags.
- CalRecycle: Single Use Carryout Bag Ban ↗
Supports the statements that the SB 270 reusable grocery bag requirements are no longer in effect following SB 1053, that only recycled paper carryout bags may be provided from 1 January 2026, and the 40 percent then 50 percent postconsumer content requirements.
- FTC: Green Guides ↗
Supports the guidance on general principles for environmental claims, how consumers interpret particular claims, and how to qualify claims to avoid deception.
