Plastic Bag FAQ
Please note: Ohio House Bill 242 was permanently extended in June 2021 and the implementation of the Ordinance has been delayed indefinitely by the City. Until further notice, the City is not enforcing the Plastic Bag Ordinance. This is current as of 2/15/2023.
1. What is the Plastic Bag Ordinance and what does it do?
In September 2020, Cincinnati City Council passed an ordinance banning single-use bags starting on January 1, 2021 (see below regarding the effective date and enforcement status). The Ordinance prohibits most single-use plastic and paper bags from grocery stores, restaurants, and other establishments that sell food. The Ordinance does not prohibit cloth bags, heavyweight reusable plastic bags, or recyclable paper bags made of 40% or more recycled content.
2. What is the purpose of the Ordinance?
The ordinance states that it is an effort by the City Council to fight waste and pollution, especially the proliferation of plastic bags that are derived from petroleum and create a significant amount of litter in Cincinnati, contaminate the environment, kill wildlife, clog sewers, and pollute rivers and oceans.
3. When does the Ordinance take effect?
The Ordinance was originally scheduled to take effect January 1, 2021. Due to the passage of Ohio House Bill 242 in September 2020, which placed a 1-year moratorium on municipal single-use bag bans effective January 15, 2021, the implementation of the Ordinance was delayed until the moratorium expired on January 15, 2022. However, Ohio House Bill 242 was permanently extended in June 2021 and the implementation of the Ordinance has been delayed indefinitely by the City. Until further notice, the City is not enforcing the Ordinance.
4. Is there a fee if I do not have my own bag?
Customers always can use their own bags no matter what they are made of at no charge. Effective July 16, 2022, if customers need a bag, the store or restaurant will charge the customers a minimum fee of $.05 for each bag to offset the store’s costs. Bags provided by stores must be reusable bags or recycled-content paper bags. Look for several promotions for free bag giveaways at stores near you.
5. Do all customers have to pay the $.05 bag fee?
Persons with limited income are exempt from the bag fee. These persons will be provided with bags at grocery stores and restaurants at no charge. This includes anyone participating in the Supplemental Nutrition Assistance Program (formerly known as the Food Stamp program), the Special Supplemental Food Program for Women, Infants, and Children (WIC), or similar programs that require use of an Electronic Benefits Transfer card (EBT Card).
6. How do I prove I am exempt from the bag fee?
Your EBT Card is proof of your eligibility for one of these programs under the Ordinance. Individual stores may accept other proof of eligibility.
7. What must stores and restaurants do to comply with the Ordinance?
Food establishments and restaurants must stop providing single-use plastic and paper bags beginning January 16, 2022. Starting July 16, 2022, these vendors must collect a fee of at least $.05 per bag provided to customers. The bags provided to customers must be reusable bags or recycled-content paper bags.
Also starting July 16, 2022, vendors must include on customers’ receipts the number of bags provided and the amount of fees collected. Starting January 16, 2023, six months after the minimum $.05 fee/bag starts being collected, businesses covered by the Ordinance must begin filing an online report with the City twice each year detailing the total bags provided and the total amount of fees charged. These businesses must show that the money collected from the bag fees was used to offset their costs for complying with the Ordinance.
8. What type of businesses must comply with the Ordinance?
The Ordinance is focused on businesses that sell food, including grocery stores, restaurants, convenience stores, and other businesses that sell food in Cincinnati. For restaurants, the Ordinance covers take-out orders as well as “doggy bags” when customers take home leftover food. The Ordinance also covers businesses that sell only some food such as candy bars, drinks, or snacks in the check-out line, and businesses that have vending machines with drinks or snacks, but only if the business gives the customer a bag to carry the food or drinks.
9. Are there any types of bags that are not covered by the Ordinance?
The Ordinance only prohibits “single-use” bags, which are bags intended to be used one time. This includes most plastic bags, except for heavy-duty plastic bags that are reusable, and includes paper bags unless they are made of at least 40% post-consumer recycled content.
Individual bags provided by grocery stores not at the register, but for the purpose of carrying unpackaged food around the store also are exempt from the Ordinance. This includes the smaller plastic bags to carry produce, bakery items, meat, seafood, cheese, and similar items. The Ordinance also does not cover special purpose plastic bags such as dry cleaning bags; food items that come in their own packaging (e.g., a bag of apples or grapes); bulk items like cereal, flour, grains, and nuts; bags that protect newspapers from moisture; and bags to contain flowers, plants, or similar items that may cause damage when bagged with other goods.
10. How will the City enforce the Ordinance?
The intent of the Ordinance is not to punish violators, but instead to achieve compliance with City Council’s intent to clean up Cincinnati and protect the environment. However, to assist with enforcement, the Ordinance authorizes civil fines against businesses that do not comply. If a business provides banned single-use bags to customers, fails to collect the minimum $.05 fee, or does not provide a receipt that shows the number of bags and amount of fees charged, businesses can be fined $100 for the first offense and $200 for each repeat offense within one year. If a business fails to use the money generated from the fees for a proper purpose, or if a business fails to comply with the biannual reporting requirements, the initial fine is $300, and repeated fines within the same year are $750. All fines will double and collection fees will be added if payment is not received promptly. The City of Cincinnati is not enforcing the Ordinance at this time.