D.C. Mun. Regs. r. 21-1008

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

Rule 21-1008 - CARRYOUT BAG CREDIT PROGRAM

1008.1

If a retail establishment participates in the voluntary Carryout Bag Credit Program, the establishment may retain an additional one cent ($0.01), for a total of two cents ($0.02), from each fee of five cents ($0.05) charged pursuant to Section 1001. The remaining three cents ($0.03) of each fee of five cents ($0.05) charged pursuant to Section 1001, shall be remitted to the Office of Tax and Revenue.

1008.2

The voluntary Carryout Bag Credit Program means a program under which the retail establishment:

(a) Credits the customer at least five cents ($0.05) for each carryout bag provided by the customer for packaging his or her purchases, regardless of whether the bag is paper, plastic, or reusable;

(b) Prominently advertises its participation in, and the substance of, the Carryout Bag Credit Program at each of its checkout registers;

(c) Reflects the total credit amount on the receipt of the customer who provides his or her own bag or bags; and

(d) Registers its participation in the Carryout Bag Credit Program with the District Department of the Environment.

1008.3

A retail establishment shall not be required, as a prerequisite to participating in the Carryout Bag Credit Program, to provide a credit to a customer for any portion of the customer's purchase for which the customer declines the use of a carryout bag.

1008.4

The retail establishment shall credit a customer a total number of five cent ($0.05) credits that reasonably relate the amount of goods purchased to the number of carryout bags reasonably required to carry the purchased goods.

1008.5

A credit provided to a customer pursuant to a Carryout Bag Credit Program shall not reduce the amount of fees due to the Office of Tax and Revenue under Sections 1007.1 and 1008.1.

1008.6

A retail establishment that withdraws from the Carryout Bag Credit Program shall provide notice to the District Department of the Environment of its withdrawal at least ten (10) business days before its withdrawal.

D.C. Mun. Regs. r. 21-1008

Final Rulemaking published at 57 DCR 7208, 7212 (August 13, 2010)

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.