(a) Definitions. In this section, the following words have the meanings indicated.
(1) “Food service facility” means an establishment licensed under § 11-6-101 of this Code.
(2) (i) “Plastic carryout bag” means a plastic bag that is provided by a retail establishment to a customer at the point of sale and is not a reusable carryout bag.
(ii) “Plastic carryout bag” includes a compostable plastic bag that meets the specifications of the American Society of Testing and Materials International Standard Specification for Compostable Plastics D6400.
(iii) “Plastic carryout bag” does not include a plastic bag used to contain, package, or wrap:
1. bakery goods or unwrapped prepared foods;
2. bulk items, including fruit, vegetables, nuts, grains, candy, or small hardware items;
3. raw meat or seafood, or other foods the state or consistency of which is not conducive to the use of anything other than plastic carryout bags;
4. newspapers;
5. fresh flowers, potted plants, or herbs;
6. hanging garments or dry-cleaned clothes;
7. live fish, insects, mollusks, or crustaceans; or
8. cigars or loose tobacco.
(3) “Point of sale” means the physical or virtual place where a customer executes payment for goods or services or receives goods or services.
(4) “Retail establishment” means a store, food service facility, or any other establishment that provides bags to its customers as a result of the sale of goods or services.
(5) “Reusable carryout bag” means a bag with stitched handles that is made of cloth or other washable fabric or a durable material suitable for multiple reuse, is specifically designed and manufactured for multiple reuse, and is not made of plastic film.
(b) Applicability. This section does not apply to a food service facility or cafeteria if the food service facility or cafeteria is operated by a school.
(c) Prohibition. A retail establishment may not provide a plastic carryout bag to a customer.
(d) Duties.
(1) This subsection does not apply to a retail establishment that is a full-service restaurant, limited-service restaurant, fast food restaurant, café, delicatessen, coffee shop, vending truck or cart, food truck, business or institutional cafeteria, or other businesses selling or providing food for consumption on or off the premises provided that the business is not a supermarket or grocery store or located in or part of a convenience store.
(2) Except as provided in paragraphs (3) and (4), a retail establishment shall charge, collect, and retain at least 10 cents for each paper carryout bag and reusable carryout bag that it provides to a customer.
(3) A retail establishment may not charge for a paper carryout bag provided by a pharmacist if the paper carryout bag contains prescription drugs.
(4) A retail establishment may provide free reusable carryout bags for a nine-day period each year from April 22 through April 30 and during a promotional period established by the retail establishment up to 10 days per month.
(5) (i) A retail establishment shall post notices that advise customers to bring reusable carryout bags or to purchase reusable carryout bags and that each paper carryout bag is subject to a charge of at least 10 cents.
(ii) The notices shall be posted at the public entrance to the retail establishment or at each point of sale and shall be in English and Spanish. The County shall post an example of the notice in English and Spanish on the County website.
(6) A retail establishment may not advertise, hold out, or state to the public, directly or indirectly, that reimbursement of any part of the money collected under paragraph (2) will be assumed or absorbed by the store or refunded to the customer.
(7) A retail establishment shall indicate on the consumer transaction receipt the number of paper and reusable carryout bags provided by the store and the total amount of money charged per type of bag.
(e) Violations; enforcement.
(1) A violation of this section is a Class C civil offense. The County may enforce this section through injunctive proceedings or any other appropriate proceedings.
(2) A retail establishment shall be given a warning for the first offense.
(3) (i) Except as provided in subparagraphs (ii) and (iii), multiple violations during a consumer transaction at a single point of sale constitutes a single offense.
(ii) The provision of one or more plastic carryout bags per consumer transaction at a single point of sale is a single offense.
(iii) The failure to charge, collect, or retain at least 10 cents per paper or reusable carryout bag that a retail establishment provides to a customer is a single offense.
(4) A fine may not be imposed against a retail establishment more than once in a seven-day period.
(5) (i) The Department of Health shall enforce this section at all food service facilities.
(ii) The Department of Inspections and Permits shall enforce this section at all retail establishments that are not food service facilities.
(iii) The name and address of any retail establishment found to violate this section, including the date of the violation, the nature of the violation, and the amount of any fine imposed, shall be posted on the County’s website.
(Bill No. 19-23)