PLASTIC BAG AND FILM PLASTIC RECYCLING ORDINANCE

Municipal Code of Chicago tit. 7, ch. 7-30

in effect

Municipal Code of Chicago § 7-30-010 Definitions.

7-30-010 Definitions. For the purposes of this chapter: (a) "Commissioner" shall mean the Commissioner of the Department of Business Affairs and Consumer Protection of the City. (b) "Consumer" shall mean any person who purchases a product from a store that is placed in a plastic bag at the time of sale. (c) "Department" shall mean the City's Department of Business Affairs and Consumer Protection. (d) "Film plastic" shall mean uncontaminated and unsoiled non-rigid film plastic packaging products composed of plastic resins that include, but are not limited to, newspaper bags, dry cleaning bags and shrink wrap. (e) "Food service establishment" shall mean any establishment where the primary business is providing food for individual portion service directly to the consumer, whether consumption of such food occurs on or off the premises or such service is provided in a premises or from a pushcart, stand or vehicle. (f) "Manufacturer" shall mean every person, firm or corporation that: (1) produces plastic carryout bags that are sold or distributed within the City of Chicago; or (2) imports plastic carryout bags into the United States that are sold or distributed within the City of Chicago. (g) "Operator" shall mean a person, firm or corporation that owns or is in control of, or has responsibility for, the daily operation of a store. (h) "Plastic carryout bags" shall mean a plastic bag provided by a store to a consumer at the point of sale that is not a reusable bag. (i) "Reusable bag" shall mean: (1) a bag made of cloth or other machine washable fabric that has handles; or (2) a durable plastic bag, with handles, that is at least 1.15 mils thick and is specifically designed and manufactured for multiple reuse. (j) "Store" shall mean a retail or wholesale establishment, other than a food service establishment, where twenty-five percent (25%) or more of gross sales include prescription or non-prescription medicines and/or any cooked or uncooked article of food, drink, confection or condiment used for or intended to be used for human consumption off the premises, is stored, sold, prepared, cooked or offered for sale at retail such as candy manufacturers, confectioneries, fish markets, fruit and vegetable markets, grocery stores, convenience stores, meat markets, nut stores, dressed poultry markets or retail bakeries, bakery outlets or any similar place and provides plastic carryout bags to consumers in which to place these products. (Added Coun. J. 5-14-08, p. 27153, § 2; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6)

Municipal Code of Chicago § 7-30-020 Recycling program requirements.

7-30-020 Recycling program requirements. (a) Every operator shall establish an in-store recycling program that shall include, but need not be limited to, the following: (1) a bin for the collection of plastic carryout bags and other film plastic shall be placed in a visible location that is easily accessible to the consumer, and clearly marked as available for the purpose of collecting plastic carryout bags and other film plastic for recycling; (2) all plastic carryout bags and other film plastic returned to a store are to be collected, transported and recycled in a manner consistent with the provisions of this chapter or any rule promulgated pursuant to this chapter; (3) the operator shall make available to consumers within a store at or near the place where plastic carryout bags are dispensed, reusable bags, which may be purchased and used in lieu of a plastic carryout bag or paper bag. (Added Coun. J. 5-14-08, p. 27153, § 2; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6; Amend Coun. J. 4-30-14, p. 79540, § 2; Amend Coun. J. 11-19-14, p. 98037, § 8; Amend Coun. J. 11-16-16, p. 38042, Art. II, § 2)

Municipal Code of Chicago § 7-30-030 Manufacturer responsibilities.

7-30-030 Manufacturer responsibilities. (a) A manufacturer whose plastic carryout bags are sold or distributed to a store subject to the provisions of this chapter shall make arrangements with the operator, upon the operator's request, for the collection, transport and recycling of all plastic carryout bags and other film plastic collected consistent with the provisions of this chapter. Such arrangements may include contracts or other agreements with third parties. (b) A manufacturer that arranges with an operator for the collection, transport and recycling of plastic carryout bags and other film plastic shall report to such operator the total amount by weight of plastic carryout bags and other film plastic that has been collected and the physical location where the said plastic recycling occurred from such operator. Such annual report shall cover the calendar year, beginning with a report covering calendar year two thousand nine (2009), and be submitted to such operator no later than January thirty-first (31st) following the calendar year to which the annual report relates. (c) A manufacturer whose plastic carryout bags are sold or distributed to a store subject to the provisions of this chapter shall make arrangements with the operator, upon the operator's request, to provide such operator educational materials that encourage the reduction, reuse and recycling of plastic carryout bags. (Added Coun. J. 5-14-08, p. 27153, § 2)

Municipal Code of Chicago § 7-30-040 Penalties.

7-30-040 Penalties. (a) Any operator who violates subsection (a) of Section 7-30-020 of this chapter shall be liable for a fine in the amount of $300 per day for each day that a recycling program meeting the requirements of such subsection is not in effect. It shall be an affirmative defense to a violation of Subsection (a) of Section 7-30-020 that the operator used its best efforts to comply with such paragraph but was unable to because of circumstances beyond such operator's control. (b) Any operator who violates subsection (b) of Section 7-30-020 of this chapter shall be liable for a fine in the amount of: (1) $100 for the first violation; (2) $700 for the second violation within a twelve-month period of the first violation; and (3) $1,000 for the third violation within such twelve-month period. (c) Any operator who violates subsection (c) of Section 7-30-020 of this chapter shall be liable for a fine in the amount of: (1) $100 for the first violation; (2) $700 for the second violation within a twelve-month period of the first violation; and (3) $1,000 for the third violation within such twelve-month period. (d) Any manufacturer who violates subsection (a) of Section 7-30-030 of this chapter shall be liable for a fine in the amount of $500 per day for each day that such violation continues. (e) Any manufacturer who violates subsection (b) of Section 7-30-030 of this chapter shall be liable for a fine in the amount of: (1) $100 for the first violation; (2) $1,000 for the second violation within a twelve- month period of the first violation; and (3) $1,500 for the third violation within such twelve-month period. (f) Any manufacturer who violates subsection (c) of Section 7-30-030 of this chapter shall be liable for a fine in the amount of: (1) $100 for the first violation; (2) $1,000 for the second violation within a twelve-month period of the first violation; and (3) $1,500 for the third violation within such twelve-month period. (g) The failure of an operator or manufacturer to provide the report or maintain the records, or of a manufacturer to provide educational material requested by an operator, required by Sections 7-30-020 and 7-30-030 of this chapter shall constitute a continuing violation that subjects such operator or manufacturer to up to three notices of violation within the twelve-month periods provided in subsections (b), (c), (e) and (f) of this section. (h) The Department shall have the authority to enforce all provisions of this chapter. (Added Coun. J. 5-14-08, p. 27153, § 2)

Municipal Code of Chicago § 7-30-050 Severability.

7-30-050 Severability. If any provision, clause, sentence, paragraph, section or part of this chapter or application thereof to any person or circumstance, shall for any reason be adjudged by a court of competent jurisdiction to be unconstitutional or invalid, said judgment shall not affect, impair or invalidate the remainder of this chapter and the application of such provision to other persons or circumstances, but shall be confined in its operation to the provision, clause, sentence, paragraph, section, or part thereof already involved in the controversy in which such judgment has been rendered and to the person and circumstances affected thereby. (Added Coun. J. 5-14-08, p. 27153, § 2)

Source: City of Chicago, Municipal Code of Chicago (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/chicago/latest/chicago_il/0-0-0-2641866Fetched: 10/24/2026