Section 21-1002. DISPOSABLE CARRYOUT BAG MATERIAL AND LABELING REQUIREMENTS  


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    1002.1 Starting on April 1, 2010, each disposable carryout bag provided by a retail establishment shall meet the following requirements:

     

    (a) All paper and plastic disposable carryout bags provided shall be one

    hundred percent (100%) recyclable;

     

    (b) All paper and plastic disposable carryout bags shall display in a highly

    visible manner the phrase “Please Recycle This Bag”, or a substantially similar phrase. The lettering of the phrase shall meet the following requirements:

     

    (1) The lettering of the phrase shall be at least one half of an inch (0.5″) in height or at least seventy-five percent (75%) of the width of the front panel of the bag;

    (2) The lettering of the recycling statement shall appear on the exterior of either the front or back panel of the bag, and not on a gusset or the base of the bag; and

    (3) The lettering of the recycling statement shall be in a boldface font.

    (c) A disposable carryout bag made of paper shall contain a minimum of forty

    percent (40%) post-consumer recycled content; and

     

    (d) A disposable carryout bag made of plastic shall be made of high-density

    polyethylene film marked with the SPI resin identification code 2, or low-density polyethylene film marked with the SPI resin identification code 4.

     

    1002.2 A disposable carryout bag shall meet the requirements of this section, even if the bag is biodegradable or compostable.

     

    1002.3 A disposable carryout bag made of both plastic and paper shall meet the paper carryout bag requirements of this section for the paper components of the bag, and shall meet the plastic carryout requirements of this section for the plastic components of the bag.

     

     

authority

Section 107(4) of the District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code §§ 8-151.01 et seq.), section 5(a) of the Anacostia River Clean Up and Protection Act of 2009 (the “Act”), effective September 23, 2009 (D.C. Law 18-55; D.C. Official Code § 2-1226.51 et seq.), Mayor’s Order 2006-61, dated June 14, 2006, and Mayor’s Order 2010-27, dated February 1, 2010.

source

Final Rulemaking published at 57 DCR 7208, 7209 (August 13, 2010).