§ 111.079 PLASTIC BAG USE; EXEMPTIONS.
   Notwithstanding §§ 111.077 and 111.078:
   (A)   Retail establishments may distribute product bags and make reusable bags available to customers whether through sale or otherwise;
   (B)   A retail establishment shall provide a reusable bag or a recyclable paper bag at no cost at the point of sale upon the request of a customer who uses a voucher issued under the Women, Infants, and Children Program established in the state’s Health Authority under O.R.S. 413.500 (2013);
   (C)   Vendors at retail fairs such as a farmers’ market or holiday fair are not subject to indicating on the customer’s transaction receipt the total amount of the recyclable paper bag pass-through charge required in § 111.078(B); and
   (D)   The City Manager or the designee may exempt a retail establishment from the requirement set forth in §§ 111.077 and 111.078 for a period of not more than one year upon the retail establishment showing, in writing, that this subchapter would create an undue hardship or practical difficulty not generally applicable to other persons in similar circumstances. The decision to grant or deny an exemption shall be in writing, and the City Manager’s or designee’s decision shall be final.
(Ord. 2016-12, passed 6-13-2016)