Update: A publicist for Madewell says the store is now charging the 5-cent fee for paper bags.

As the clock struck midnight on New Year’s Eve, a new Oregon law went into effect, banning plastic shopping bags statewide, and introducing a 5 cent charge on paper bags in many retail situations.

House Bill 2509 shifts how people do all kinds of business in Oregon. The law prohibits single-use plastic bags not just at grocery stores but also at retail shops and restaurants. And now retail shops must charge a 5 cent fee for recycled paper bags and reusable fabric bags.

A few days into the new law, some Portland retailers seem confused about the changes. Some stores haven’t begun charging for the recycled paper bags; and at least one store was still using up its supply of plastic shopping bags.

Not following the new law could prove costly. Violations of the provisions of House Bill 2509 are subject to $250 maximum fine, but each day a retailer or restaurant commits a violation, it is considered a new offense.

Enforcing that requirement and imposing the fine, however, “is up to local law enforcement,” Harry Esteve, spokesperson for the Oregon Department of Environmental Quality, said Friday. “They can enforce it however they want.”

In Portland, the city will investigate complaints made to the Bureau of Planning and Sustainability. After one violation, businesses will receive a written warning. After the written warning, the fine will be $100 for the first violation in a calendar year. The fine for a second violation will be $200, and all subsequent violations within the calendar year will incur a $500 fine.

Under the new law, stores aren’t allowed to absorb the customer charge for recycled paper bags. Some bags are exempt, however, such as bulk bags or bags used for privacy and sanitary purposes. And restaurants are allowed to use recycled paper bags.

Stores can give customers using a WIC voucher or electronic benefits transfer card free bags and they are also allowed to offer “reusable fabric bags for free as a promotion on 12 or fewer days in a year,” according to a DEQ fact sheet.

And there are a few exemptions to the ban on plastic bags, including produce bags and dry-cleaning bags.

Three days after the law went into effect, some businesses in Portland were following the new law, while others seemed unaware that anything had changed.

Portland-based businesses seemed to be the most prepared for the change. At Nike and Columbia stores downtown, customers who wanted something to carry their purchases were charged an extra 5 cents per bag on Friday.

Many people walking out of Powell’s, where the fee was also being enforced, were opting to carry their purchases without a bag.

“I was like, ‘I don’t need a bag,’” said Maggie Conry, of Portland, who was exiting the Powell’s City of Books in the Pearl District carrying one book. “I just thought about it twice.”

“I only had three books and a pen,” said Michael Gallagher, also a Portlander, who was holding his purchases in his hands. “It wasn’t worth it.”

“We spent a fair amount of time preparing our systems and informing our employees about the change,” Kim Sutton, a Powell’s spokesperson, said Friday. “I haven’t heard any complaints.”

Other stores in the area seemed unaware of the change in the law.

Madewell, Anthropologie and Sur La Table were all offering bags at no charge to customers. Nordstrom Rack in downtown was giving customers plastic bags for their purchases. Those stores did not immediately respond to requests for comment.

Grocery stores in Portland were following the new rule.

“We are very supportive of the new statewide ban and fee on single-use bags, and the reduction in plastic litter and waterways pollution that result from the policy,” said Athena Petty, sustainability program manager at New Seasons Market, in a statement sent to The Oregonian/OregonLive. “While changing shopping habits can be difficult, we hear from our customers that the bag fee helps motivate them to bring their reusable shopping bags.”

New Seasons already gives customers 5 cents for bringing their own bags.

The Whole Foods in the Pearl District was charging customers the 5 cent fee and giving customers 10 cents for bringing in their own bag.

Customers at grocery stores were already adapting to the change.

At the Stadium Fred Meyer on West Burnside, Bridget Bowens of Portland said she brought reusable bags with her to do her shopping because she knew the new law was in place.

“It is what it is,” Bowens said, resigned to the change. “Of course every single thing is going up -- food, bags, everything.”

Mabel Bartlett of Portland, who left the store with one paper bag, was also unenthusiastic about the new fee.

“I feel like it’s a product that should be provided,” Bartlett said, adding, “All the environmentalists will hate me.”

Other Fred Meyer shoppers felt good about the new fee. Diven Palmer of Portland exited the store with one reusable bag and one paper bag.

“I think it’s a good law,” Palmer said.

Palmer is in culinary school and has recently started cooking for himself more, and he’s growing his own vegetables.

“It’s good for the environment,” he said.

“That incentive factor is good,” said Grayson Kramer of Lake Oswego, who carried his groceries in a paper bag.

Kramer admitted he still frequently forgets to bring his bags with him, but said he supported the law.

“I’m into at least trying,” he said.

-- Lizzy Acker

503-221-8052 lacker@oregonian.com, @lizzzyacker

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