In this subtitle, the following words have the meanings indicated.
In this subsection:“person” has the meaning stated in <cite data-path="|general|1|1|1-107|(a)">§ 1-107(a) {“Person: In general”}</cite> of the City Code’s <cite data-path="|general">General Provisions Article</cite>; but
notwithstanding § 1-107(b) {“Person: Exclusion”} of that article, “person” also includes a governmental entity or an instrumentality or unit of a governmental entity.
“Dealer” means any person engaged in the retail sale of goods.
“Dealer” includes any:supermarket;
convenience store;
restaurant;
shop;
service station; or
other sales outlet.
“Plastic checkout bag” means any plastic bag that is:supplied by a dealer at the point of sale, pickup, or delivery to carry purchased items; and
less than 4 mils thick.
“Plastic checkout bag” does not include a compostable plastic bag that:is certified and labeled as meeting the ASTM D6400 standard specification by a recognized verification entity; and
is capable of undergoing biological decomposition in a compost site such that the material breaks down into carbon dioxide, water, inorganic compounds, and biomass at a rate consistent with known compostable materials.
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Ord. 22-125
Except as provided in <cite data-path="|7|§62-4">§ 62-4 {“Exemption: Bags for certain products”} of this subtitle</cite>, no dealer may supply customers with plastic checkout bags.
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This subtitle does not apply to a plastic checkout bag solely used to contain:
fresh fish and fresh fish products;
fresh meat and fresh meat products;
fresh poultry and fresh poultry products;
otherwise unpackaged fruits, nuts, or vegetables;
otherwise unpackaged confectionery;
otherwise unpackaged fresh cheese;
otherwise unpackaged baked goods;
ice;
food and goods obtained at a farmers’ market;
prescription drugs obtained from a pharmacy;
newspapers; or
dry-cleaned goods.
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The Baltimore City Department of Information Technology, using available data from the 311 system and the Environmental Control Board, shall publish data on the Open Baltimore web portal that reflects:
the number of complaints received by the City of Baltimore under this subtitle; and
the number of citations issued under this subtitle.
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In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of an environmental citation as authorized by City Code <cite data-path="|1">Article 1</cite>, subtitle 40 {“Environmental Control Board”}.
The issuance of an environmental citation does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law.
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Any dealer who violates any provision of this subtitle after having twice received an environmental citation, each resulting in any final disposition other than not guilty, is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 for each offense.
Each plastic checkout bag supplied to a customer in violation of this subtitle is a separate offense.
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