Businesses fined for violating plastic bag ban

For the first time since the state’s plastic bag ban went into effect in 2019, the Delaware Department of Natural Resources and Environmental Control has issued fines against businesses for not following the law.

In total, nine Rehoboth Beach-area businesses have been issued a $750 fine, and ordered to refrain from giving plastic bags to customers.

The initial eight received notice from the secretary’s office July 18. Those businesses include Ulta Beauty; Simply Southern; Rack Room Shoes; Pepper Palace; Go! Calendars, Games and Toys; Famous Footwear; Eddie Bauer; and Clarks Bostonian. The most recent, issued Aug. 29, was against Dolle’s Candyland.

These are the first secretary orders with penalties issued by DNREC Secretary Shawn Garvin concerning compliance with the law based on inspections conducted, said Michael Globetti, DNREC spokesperson. Inspections occurred based on complaints received from the public concerning compliance with the law, he said.

In 2019, the General Assembly passed a law banning plastic carryout bags. In 2021, lawmakers updated the law by expanding both the types of bags banned and the stores impacted.

Since the passage of the ban in 2019, DNREC has conducted outreach with the regulated community and provided a number of resources, said Globetti.

The 2021 changes went into effect July 1, 2022. The law says retailers in Delaware can no longer provide a plastic carryout bag made from film at the checkout counter. Instead, the retailers may provide, for purchase if they choose, paper or reusable bags.

There are exceptions to the law, said Globetti, including restaurants for carryout foods, bags for live animals such as fish and insects, bags used to contain meats and fish, bags for loose items like fruits or vegetables, and bags placed over clothing on a hanger.

The law also requires retailers to continue to provide an at-store recycling program for plastic bags and film.

Bins for plastic film can typically be found near the store’s entrance, said Globetti.

A website dedicated to information on and compliance with the plastic carryout bag law is maintained and can be found at de.gov/bags.

A portion of the money collected by the fines is maintained in the Community Environmental Project Fund, which is used for projects that minimize pollution effects, said Globetti. The remainder is used by the department, he said.

Looking forward, DNREC will continue to monitor businesses for compliance, said Globetti.