Title
AN ACT CONCERNING BRING YOUR OWN BAG ACT OF 2023 for the purpose of defining certain terms; prohibiting, on and after a certain date, a retail establishment from distributing certain plastic carryout bags to a customer at the point of sale; providing for education and outreach; establishing a certain maximum civil penalty for a violation of this Act; establishing that the distribution of a certain number of plastic carryout bags at a single point of sale constitutes a single violation; prohibiting the imposition of a penalty under this Act unless certain conditions are met; providing for the enforcement of this Act; providing for a certain waiver; providing for a certain report; providing for conditions for certain citations; permitting the Department of the Environment to adopt certain regulations; providing for the applicability of the Act; and generally relating to one-time use plastic carryout bags.
Background
This bill, the Bring Your Own Bag Act of 2023, provides for plastic bag reduction in Prince George's County. On and after January 1, 2025, a retail establishment shall not provide a plastic carryout bag to a customer, with certain exceptions. Retail Establishment means a store, a food service facility, or any other establishment that provides bags to its customers as a result of the sale of a good, product, or service whether for-profit or not-for-profit. A Plastic Carryout Bag means a plastic bag that is provided by a retail establishment to a customer at the point of sale and is not a reusable carryout bag. Plastic Carryout Bag includes a compostable plastic bag that meets the specifications of the American Society of Testing and Materials International Standard Specification for compostable plastics D6400. Plastic Carryout Bag does not include: (i) a plastic bag used to: 1. package bulk items, including fruit, vegetables, nuts, grains, candy, or small hardware items; 2. contain or wrap frozen foods, meat, or fish, whether prepackaged or not; 3. contain or wrap flowers, potted plants, or other damp items; 4. contain unwrapped prepared foods or bakery goods; 5. contain garments or dry-cleaned clothes, including suits, jackets, and dresses; or 6. take live fish, insects, mollusks, or crustaceans away from the retail establishment; or (ii) a plastic bag provided by a food service facility that is necessary to meet food safety and contamination standards. A retail establishment that violates the provisions of this Division is subject to a civil penalty not exceeding $1000. The provision of one or more plastic carryout bags at a single point of sale is a single violation. The failure to charge the amount of money required under this Division for the provision of one or more paper or reusable carryout bags at a single point of sale is a single violation. A penalty may not be imposed under this section unless a retail establishment: is first issued a written notice of violation; and does not correct the violation within 7 days after receipt of the written notice. A penalty may not be imposed on a retail establishment more than once within a 7-day period.