Section 21-1006. CARRYOUT BAGS NOT SUBJECT TO THIS CHAPTER

 

1006.1 For the purposes of this Chapter, the term “disposable carryout bag” shall not include:

 

(a) A bag used by a customer inside stores to package bulk items, such as

fruit, vegetables, nuts, grains, or candy;

 

(b) A bag used by a customer inside a store to contain or wrap frozen foods,

meat, or fish, whether or not the items are prepackaged;

 

(c) A bag used by a customer inside a store to contain or wrap flowers, potted plants, or other items where dampness may be a problem;

 

(d) A bag used by a customer inside a store to contain unwrapped prepared

 foods or bakery goods;

 

(e) A bag used by a customer by a pharmacist to contain prescription drugs;

 

(f) A newspaper bag, door-hanger bag, laundry-dry cleaning bag, or bags sold

in a package intended for use as garbage, pet waste, or yard waste bags;

 

(g) A bag provided to a customer by the retail establishment for the purpose

of transporting a partially consumed bottle of wine, as required by D.C. Official Code § 25-113(b)(5)(C);

 

(h) A paper carryout bag provided to a customer to take food away from a restaurant with seating, as described in D.C. Official Code § 47-2827(e)(2), if the bag contains only:

(1)Food items; or

(2)Food and non-food items that the restaurant does not directly charge the customer for; and

(i) A reusable carryout bag, as defined in Section 1099.

 

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, 7211 (August 13, 2010).