A. Shops shall offer or provide Reusable Bags to Customers, either for sale or at no charge, for the purpose of carrying away goods or other materials from the point of sale.
B. Shops may provide to their Customers Recyclable Paper Single-Use Carryout Bags for the purpose of carrying away goods or other materials from the point of sale, subject to the following requirements:
1. A Customer shall be charged $0.10 for each Recyclable Paper Single-Use Carryout Bag provided;
2. Every Customer receipt must specify the number of Recyclable Paper Single-Use Carryout Bags provided to that Customer and the total amount charged to the Customer for those bags; and
3. The requirement in Subsection B.2. shall not apply to any Farmer’s Market Vendor or Open Air Market Vendor, or to the following Shops if they have 26 or fewer employees: an Apparel Store, a Food or Beverage Facility, or a Hardware Store.
C. Nothing in this article prohibits a Customer from using a bag of any type that they bring to a Shop themselves or from carrying away goods that are not placed in a bag.
D. All monies collected by a Shop pursuant to Subsection B.1. shall be retained by the Shop and may only be used for the following purposes:
1. Costs associated with complying with the requirements of this article;
2. Actual costs of providing a Recyclable Paper Single-Use Carryout Bag; and
3. Costs associated with the Shop’s educational materials or education campaign encouraging the use of a Reusable Bag.
E. An Apparel Store, Food or Beverage Facility, or Hardware Store with more than 26 employees must report to the DAA, on a quarterly basis, the total number of Recyclable Paper Single-Use Carryout Bags and the total number of Reusable Bags provided, the total amount of monies collected for providing Recyclable Paper Single-Use Carryout Bags and Reusable Bags, respectively, if applicable, and a summary of any efforts the Apparel Store, Food or Beverage Facility, or Hardware Store has undertaken to promote the use of Reusable Bags by Customers in the prior quarter. Reporting must be done on a form prescribed by the DAA, and must be signed by a responsible agent or officer of the Apparel Store, Food or Beverage Facility, or Hardware Store, confirming that the information provided on the form is accurate and complete. Quarterly reports must be submitted no later than 30 days following the end of the quarter for which the report is made.