This Article may be known and cited as the “Bring Your Own Bag Act”.

For the purposes of this section the following words have this meaning: Department means the Department of Environmental Protection. Director means the Director of the Department or the Director’s designee. Plastic carryout bag means a plastic bag provided by a retail establishment to a customer at the point of sale, pickup, or delivery, including delivery by a third party to carry the purchased items and is not a reusable carryout bag. Plastic carryout bag does not include: (1) a plastic bag provided by a pharmacist that contains a prescription drug; (2) any newspaper bag or bag intended for garbage, pet waste, or yard waste; (3) a bag provided at the point of sale at a seasonal event, such as: (A) an occasional farmers market; (B) a full-time retail operation located on a farm; (C) a street fair; or (D) a yard sale; (4) a bag used to package bulk items, including fruit, vegetables, nuts, grains, candy, ice, or small hardware items; (5) a bag that contains hanging garments or dry-cleaned clothes, including suits, jackets, or dresses; (6) a bag or plastic bag sleeve used to contain or wrap a perishable item, including meat or fish, or unwrapped prepared foods or bakery goods; (7) a bag used to take live fish, insects, mollusks, crustaceans, or amphibians away from the retail establishment; or (8) a bag used to package items for the purpose of charitable distribution. Point of sale means the physical place where a customer executes payment for goods or services or receives goods or services. Restaurant has the same meaning stated in Section 52-77. Retail establishment has the meaning stated in Section 52-77. Reusable carryout bag means a reusable carryout bag with stitched handles specifically designed and manufactured for multiple reuses and is made of: (1) cloth or other washable fabric; or (2) a durable material suitable for multiple re-use that is not made of plastic film.

A retail establishment must not provide a plastic carryout bag to a customer, or a third party, for the purpose of carrying away or delivering goods or other materials from the point of sale.

(a) Civil citation. A retail establishment in violation of this Section is subject to a Class B civil citation, if: (1) an enforcement officer witnesses one or more plastic carryout bags provided to a customer at a single point of sale. (2) The distribution of one or more bags in connection with a single transaction constitutes a single violation. (b) Notice of violation. A penalty under subsection (a) may not be imposed unless a retail establishment: (1) is first issued a written notice of violation; and (2) fails to correct the violation within 7 days after receipt of the written notice. (c) Enforcement. The Department must enforce the provisions under this Section and may coordinate with other departments to address violations, as needed. (d) The County may seek injunctive or other appropriate relief from any court with jurisdiction against a retail establishment for any repeated violations of this Article.

The County Executive may adopt and establish regulations to implement and enforce this Article.