Mainers are used to paying a fee for bags at many retailers, whether that’s at the grocery store, out shopping or getting takeout.
Recently, we’ve heard from a few viewers who’ve been charged for bags they did not want or didn’t actually receive.
Laurie asks the CBS13 I-Team:
“I recently ate at the Burger King by the Maine Mall. My food was placed on a tray and there was no bag, so I was surprised to see a bag fee on my bill. When I asked one of the workers they said this was their policy. Are restaurant’s allowed to do this?”
According to Laurie’s receipt, which the I-Team reviewed, her order was clearly labeled as “dine in.” However, at the bottom before tax there’s a “bag surcharge” of 5¢.
Most Maine retailers have been required to charge a bag fee for five years now, when a law went into effect banning single-use plastic bags.
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While restaurants, like Burger King, are required to provide reusable or recycled paper bags for takeout orders, they are not required to collect a bag fee. According to guidance from the Maine Department of Environmental Protection, restaurants can opt-in to charge that fee and can actually charge more than 5¢ to fully recoup their cost to supply the bag.
But if no bag is provided, the state says the fee should not be applied.
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A spokesperson for the Maine DEP told the I-Team in a statement:
There is nothing in the law that supports a retailer charging a fee for, but not providing, a single-use carry-out bag in exchange.
According to state law, bag fees are also not taxable.
The I-Team reached out to Burger King multiple times to ask why they’re charging this fee for dine-in customers. We also asked if this is the policy at all their restaurants in Maine or it’s just isolated to the South Portland location.
The fast-food chain never responded.
When getting takeout from a restaurant, the state says customers are also allowed to use their own bag to avoid paying any sort of fee. That includes orders placed at a drive-thru.
If you believe you’ve been charged a bag fee improperly, you can report it to the Maine DEP HERE.
Have a question for CBS13 I-Team? Call their tip line at (207) 228-7713 or send an email to tips@wgme.com.
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