Chapter 102 Plastic Carryout Bags

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Chapter 102 Plastic Carryout Bags 102-1 Definitions 102-2 Prohibition On Providing Plastic Carryout Bags 102-3 Exemptions 102-4 Violations And Penalties EFFECTIVE JANUARY 1, 2024 HISTORY Adopted by Ord. 02-2023 on 7/20/2023 102-1 Definitions 102-1 Definitions: For the purpose of this Chapter, the following words and terms shall have the following meanings, unless another meaning is plainly intended: “Excluded organization” means: A. A bona fide nonprofit fraternal, civic, war veterans’, religious, or charitable organization or corporation that does not serve food to the public more often than four (4) days per week except that once a year an organization may serve food to the public for up to thirty (30) consecutive days; and B. A volunteer fire company that does not serve food to the public more often than four (4) days per week except that once a year a volunteer fire company may serve food to the public for up to thirty (30) consecutive days. “Food Service Facility” means: A. A place where food or drink is prepared for sale or service on the premises or elsewhere; or B. Any operation where food is served to or provided for the public, with or without charge. “Food Service Facility” does not include: A. A kitchen in a private home where food is prepared at no charge for guests in the home, for guests at a social gathering, or for service to unemployed, homeless, or other disadvantaged populations; B. A food preparation or serving area where food is prepared or served only by an excluded organization; C. A location in a farmer’s market or at a public festival or event where raw agricultural products are sold; or D. A cottage food business as that term is defined in the Code of Maryland Regulations 10.15.03. “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. “Plastic carryout bag” includes a compostable plastic bag that meets the specifications of the American Society of Testing and Material International Standard Specification for Compostable Plastics D6400. “Reusable carryout bag” means a bag with stitched handles that is specifically designed and manufactured for multiple reuse and is made of: A. Cloth or other washable fabric; or B. A durable material suitable for multiple re-use that is not made of plastic film. “Retail establishment” means a store, a food service facility, or any other establishment that provides bags to its customers as a result of the sale of a product. HISTORY Adopted by Ord. 02-2023 on 7/20/2023 102-2 Prohibition On Providing Plastic Carryout Bags 102-2 Prohibition on providing plastic carryout bags A. A retail establishment may not provide a plastic carryout bag to a customer. B. A retail establishment, with the exception of food service facilities, shall charge, collect and retain at least 10 cents for each paper carryout bag and reusable carryout bag that it provides to a customer. C. A retail establishment may not advertise, hold out, or state to the public or to a customer directly or indirectly, that reimbursement for any part of the money collected under this section will be assumed or absorbed by the retail establishment or refunded to the customer. D. A retail establishment, with the exception of food service facilities, shall indicate on the consumer transaction receipt the number of paper and reusable carryout bags provided by the retail establishment and the total amount of money charged. HISTORY Adopted by Ord. 02-2023 on 7/20/2023 102-3 Exemptions 102-3 Exemptions The prohibition contained in § 102-2 does not apply to the following types of plastic bags: A. A plastic bag solely used to: 1. Package bulk items, including fruits, vegetables, nuts, grains, candy, or small hardware items; 2. Contain or wrap frozen foods, meat, fish, or cheese whether prepackaged or not; 3. Contain unwrapped prepared foods or bakery goods; 4. Contain a newspaper; 5. Protect suits, jackets, dresses, and formal wear or protect dry-cleaning; or 6. Contain ice. B. Plastic bags sold in packages containing multiple plastic bags; or C. A plastic bag provided by a retail establishment to take live fish, insects, mollusks, or crustaceans away from the retail establishment. D. The charge for paper carryout bags provided for in § 102-2B shall not apply to a paper bag containing prescription medication or prescription products provided by to a customer. HISTORY Adopted by Ord. 02-2023 on 7/20/2023 102-4 Violations And Penalties 102-4 Violations and Penalties A. Subject to the provisions of paragraph D herein, a retail establishment found in violation of this section shall be guilty of a municipal infraction, subject to the penalties provided in § 1-14.B.5.a of the Town Code. B. The provision of one or more plastic carryout bags at a single point of sale is a single violation. C. The failure to charge the fees required under § 102-2 for the provision of one or more paper or reusable carryout bags at a single point of sale is a single violation. D. A penalty may not be imposed under this section unless a retail establishment is first issued a written notice of violation. E. Each instance that the retail establishment commits a violation constitutes a separate offense. HISTORY Adopted by Ord. 02-2023 on 7/20/2023