Sec. 19-164. Prohibited Acts; Paper and Reusable Carryout Bag Charge

After December 31, 2023, with certain exceptions, a retail establishment shall charge, collect, and retain at least 10 cents for each paper carryout bag and reusable carryout bag that it provides to a customer.

The charge for paper carryout bags shall not apply to a paper bag containing prescription medication provided by a pharmacy to a customer.

The charge for paper carryout bags shall not apply to a paper bag containing prepared food provided at the drive-through window of a restaurant or a paper bag provided by a full-service restaurant after a meal for leftovers.

A retail establishment may not advertise, hold out, or state to the public or to a customer, directly or indirectly, that any part of the money collected under paragraph (1) of this subsection will be assumed or absorbed by the establishment or refunded to the customer.

Notwithstanding subsections (1)—(4), above, the Department may designate one week per year when retail establishments may provide reusable bags free of charge as a promotion.

A retail establishment shall indicate on the customer transaction receipt the number of paper or reusable carryout bags provided by the establishment and the amount charged.

A retail establishment shall post a notice at the public entrance to the retail establishment or at each point of sale that advises customers to bring reusable carryout bags or to skip the bag and that all carryout bags provided by the retailer are subject to a charge. The notices shall be posted in English and Spanish. The County shall post an example of a notice in English and Spanish on the County website.