D.C. Mun. Regs. r. 21-1006

Current through Register Vol. 71, No. 24, June 14, 2024

Rule 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), unless the entity also holds a license as a Retail Food Establishment pursuant to D.C. Official Code § 47-2827(j); and

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

D.C. Mun. Regs. r. 21-1006

Final Rulemaking published at 57 DCR 7208, 7211 (August 13, 2010); amended by Final Rulemaking published at 66 DCR 6193 (5/17/2019)

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.