Bag suffocation warnings are mandatory in several large US states, including New York and California. Further, bug suffocation warnings are printed on poly bags. In this guide, we explain what US brands must know about bag suffocation warning requirements, including warning texts, placements, exemptions, and more.
Content Overview
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Are bag suffocation warnings mandatory in the United States?
According to our research, only the following five US states have regulations concerning bag suffocation warnings:
- California
- New York
- Massachussetts
- Virginia
- Rhode Island
The requirements for attaching the warning label differ between the states in terms of bag dimensions, warning text wordings, placements, and more.
General Requirements
Here are some of the general requirements that are used to determine if a bag suffocation warning is needed:
- Minimum bag dimensions
- Minimum size of the opening bag
- Minimum bag capacity
- Maximum bag thickness
Additional requirements include:
- Warning print size
- Repeated warning text
Placement
The five states mentioned above require companies to place the suffocation warning statement either in a conspicuous location of the bag or on a label attached to the bag.
In Rhode Island, companies may also print the warning on the external wrapper of packages rather than on each bag, if the bags are designed for home processing use (e.g., freezer bags and waste disposal bags).
Additional Requirements
Some states have additional requirements.
For instance, California requires companies to print warning text using methods such as offset or letterpress. Adherence to this requirement prevents ink smearing and ensures the clarity of the printed text.
Rhode Island, on the other hand, requires companies to print their warning texts in boldface type.
Which US states require bag suffocation warning labels?
According to our findings, only the five states listed below and two large cities (New York City and Chicago) require bag suffocation warning labels.
In the table below, we compare the main requirements for each state regarding bag suffocation warnings.
| California | New York | Massa chusetts |
Virginia | Rhode Island | |
| Regulation title | Business and Professions Code, Division 8 Chapter 13 – Polyethylene Plastic Materials | Title 10, Part 12, Section 12.12 – Warning label required on certain plastic material | 105 CMR 630.000: PLASTIC BAGS AND PLASTIC FILM | § 18.2-320. Sale, etc., of plastic bags; warning required. | Title 11, Chapter 11-9, Section § 11-9-16. Plastic bags — Labeling |
| Product type | Plastic bags:
1. Used to deliver products to customers 2. Used to package products for customers |
Plastic bags:
1. For domestic or household use 2. Used for packaging products meant for domestic or household use 3. Whose design might encourage children to use them as toys |
Plastic bags:
1. For domestic or household use 2. Used for packaging products meant for domestic or household use 3. Whose design might encourage children to use them as toys |
Plastic bags used to store freshly cleaned clothing | Plastic (polyethylene) bags intended for:
1. Household use 2. Packaging products meant for household use |
| Bag Dimensions | “Large enough to fit over a child’s head.” (e.g. capacity of more than 125 cubic inches) | Total length and width equal 25 inches or more | Total length and width equal 25 inches or more | Total length equals 25 inches or more | / |
| Size of the bag opening | Larger than 25 square inches | Opening side > 7 inches or more | Diameter of 7 inches or more (when shaped into a circle) | / | Larger than 5 inches in diameter |
| Bag Capacity | More than 125 cubic inches | / | / | / | / |
| Bag Thickness | Less than 0.001 inch | Less than 0.001 inch | Less than one mil | Less than 0.001 inch | Less than 0.001 inch |
| Warning Print Size | Print size depends on the bag’s dimensions
E.g., 10-point, if the bag’s length and width total is less than 30 inches |
Print size depends on the bag’s dimensions
E.g., at least 24-point if the bag’s length and width total is 60 inches or more |
Print size depends on the bag’s dimensions
E.g., at least 18-point if the bag’s length and width total is from 40 inches to, but not including, 60 inches |
At least 36-point type | Print size depends on the bag’s dimensions
E.g., 10-point, if the bag’s length and width total is less than 30 inches |
| Repeated warning texts | / | / | Required for bags with length and width > 40 inches | / | / |
| Warning Text | “CAUTION—KEEP AWAY FROM SMALL CHILDREN. THE THIN FILM MAY CLING TO NOSE AND MOUTH AND PREVENT BREATHING” | “WARNING: To avoid danger of suffocation, keep this plastic bag away from babies and children. Do not use this bag in cribs, beds, carriages or play pens.” | “WARNING: To avoid danger of suffocation, keep this plastic bag away from babies and children. Do not use this bag in cribs, beds, carriages or play pens. This bag is not a toy.” | “WARNING: To avoid danger of suffocation, keep this plastic bag away from babies and children. Do not use this bag in cribs, beds, carriages or playpens.” | “Keep from children – may cause suffocation”
“WARNING: Keep this bag away from babies and children. Do not use in cribs, beds, carriages, or playpens. The thin film may cling to nose and mouth and prevent breathing.” |
| Learn more | Link | Link | Link | Link | Link |
Are bag suffocation warnings mandatory when selling on Amazon?
Amazon requires poly bags to feature a suffocation warning when said bags have an opening that measures 5 inches or more Amazon also provides an example of suffocation warning text:
“Warning: To avoid danger of suffocation, keep this bag away from babies and children. Do not use this bag in cribs, beds, carriages, or playpens. This bag is not a toy.”
Amazon requires that the warning:
- Should be placed in a prominent location on the bag
- It should be in readable font size
The suffocation warning’s minimum print size depends on the dimensions of the bag, as follows:
- 10 point – bag’s length and width total less than 29 inches
- 14 point – bag’s length and width total 30 to 39 inches
- 18 point – bag’s length and width total 40 to 49 inches
- 24 point – bag’s length and width total 60 inches or more
You can visit the Amazon Seller Central to learn more.
Are bag suffocation warning labels required for all products sold in the United States?
According to our research, California, New York, Massachusetts, Virginia, and Rhode Island require only some types of plastic bags to feature bag suffocation warnings.
Thus, this requirement does not cover all products sold in the United States.
Which products require a bag suffocation warning label?
Products requiring a bag suffocation label in each state might differ. This includes plastic bags that are:
a. Used to package and deliver products to customers (California)
b. Use in a domestic or household setting (New York; Massachusetts)
c. Used for products meant for use in a domestic or household setting (New York; Massachusetts)
d. Designed in a manner that might encourage children to use said bags as toys (New York; Massachusetts)
e. Used to store freshly-cleaned clothing (Virginia)
f. Meant for use in the household, as well as for packaging products intended for household use (Rhode Island)
Which products are exempt?
Here are a few examples that we could find:
1. California’s regulation does not apply to plastic bags intended “exclusively” for industrial usage.
2. Rhode Island’s regulation covers plastic bags “other than” those used for food products weighing a maximum of 5 pounds.
According to our findings, New York, Massachusetts, and Virginia’s regulations on plastic bags do not exempt any plastic bag.
What can happen if no bag suffocation warning is printed?
All the US states mentioned previously, except New York, mention what kind of repercussions might be faced by violators.
California
California’s regulation states that “Any violation of this chapter is a misdemeanor.”
According to the Superior Court of California in the county of San Diego, a misdemeanor is a crime that can result in the following:
- A maximum country jail term of no longer than one year
- A maximum fine of USD 1000
- A 3-5 year probation
Massachusetts
Massachusetts punishes violators with:
a. A maximum fine of USD 100 for the first offense
b. A maximum fine of USD 500 for “any subsequent offense”
Virginia
According to Virginia’s regulation, violators are “guilty of a Class 3 misdemeanor”.
Chapter 1, Article 3, Section § 18.2-11 of the Code of Virginia states that violators convicted of a Class 3 misdemeanor are punished with a fine not exceeding USD 500.
Rhode Island
According to Rhode Island’s regulation, convicted violators are liable to a maximum fine of USD 100.
Can I count on my manufacturer to print the correct warning label?
It’s reasonable to expect a US-based manufacturer to keep track of bag suffocation warning labeling requirements. However, making such assumptions when importing products from China, Vietnam or other countries can be disastrous.
Most manufacturers outside the United States are not aware of the bag suffocation warning labeling requirements. Factories rely on their customers to provide ready-made print files as part of the product specification.
This is also a big risk for dropshippers selling products in the United States. Traders on Aliexpress.com, and other websites used by dropshippers, rarely (if ever) have the US bag suffocation warning labels printed on plastic bags. Keep in mind that US bag suffocation warning labels are not required in China.
This could cause big problems for US dropshippers who may be liable for non-compliant products they promote and sell domestically.
How do I make sure my supplier prints the bag suffocation warning?
You need to provide a “design for compliance” print file to your supplier. Keep in mind that you must also take the following into consideration when you create your file:
- Warning label text
- Print size
- Repeated warning prints
- Print position (e.g. both sides, repeated warnings)
- File format (.ai or .eps)
It’s all about being hyper-specific. You only get what you specify, and leaving anything for your supplier to decide is a gamble. Still, many importers and Amazon sellers believe that the “supplier should know” and therefore fail to provide clear print instructions.
Your poly bags should also be checked during the quality inspection. This is especially important in case your products are shipped directly from the factory to an Amazon FBA warehouse.
Which file format should I use?
Most suppliers use .ai and .eps files. I also recommend that you ask your supplier to create a printed bag sample for the sake of verifying that they have understood your instructions.
in the past, i read that the plastic needs to be PE NOT PP. I dont see material here- any input?
What do you mean by “repeated warning prints”?
Hello Rene,
That refers to the same print being present on more than one position on the bag. Could be the same side, or different sides.
Hello,
It is OK to add ventilation holes on polybags?
A suffocation warning it is necessary to add it any way?
Is there any Standard to add ventilation holes on polybags?
Thanks
Hi Orlando,
I am not sure if that is even addressed in the bag suffocation regulations mentioned.
Hello, Is there any Standard to add ventilation holes on polybags? and the holes size and quantity?
Hi,
Just want to check is bag suffocation warnings mandatory in Australia? Is there a law regulation apply to it(for small retail)?
Thanks
Anitta
Oh my! I guess they just don’t trust people to use common sense with bags around babies or small children. I expect the same ones who don’t use common sense won’t read the warning labels either.
You got a point… but I think the warnings still serve a purpose as reminders
Does bubble wrap pouches (bags) needs suffocation warning?
hello dear
I want to confirm that my product Packaging is PVC plastic zipper pouch, Dose it comes under this category. Do I need to add a suffocation warning?
Hi
Do you know what the standard/ law is in Australia with this? do you need to have the suffocation warning on the polybag ?
thanks
Meredith