ALBANY, NY (NEWS10) — The state will wait to assess fines against retailers who violate the ban on single-use plastic bags until April 1.

Although the prohibition from handing out single-use, thin plastic bags officially starts Sunday, a lawsuit has convinced the Department of Environmental Conservation to hold off on imposing penalties.

The lawsuit, filed by a bag manufacturer and convenience store owners, argues that the ban is unconstitutional.

The Department revealed on Friday that it agreed to delay enforcement as it fights the suit in Albany County Supreme Court.

Once in effect, the ban eventually has vendors facing $250 to $500 in fines for using plastic bags.