§ 183-5. Exemptions.

A. 

Nothing in this chapter shall prohibit consumers from using or business establishments from making available bags as listed below:

(1) 

Newspaper bags, door-hanger bags, laundry dry-cleaning bags.

(2) 

Bags sold in packages containing multiple bags intended for use as garbage, pet waste bags, yard waste bags.

(3) 

Bags without handles that are used by consumers inside stores to package bulk items, such as fasteners, nuts and bolts; produce, nuts, grains, candy, meat, or fish, whether packaged or not; and unwrapped prepared foods or bakery goods.

(4) 

Bags used to carry flowers, potted plants or other items where dampness may be a problem.

(5) 

Bags used to carry pharmacy prescriptions; or items that required bags to safeguard public health during the transportation of hospital waste.

(6) 

Any other bags that the enforcement officer deems to not fit the definition or intent of a "carryout bag."

B. 

Restaurants and establishments offering freshly prepared foods are exempted from the requirement to charge for paper bags.

C. 

Gift stores/boutiques shall charge a minimum ten-cent user fee per gift bag, which do not have to meet the recyclability or other requirement of paper bags. Plastic gift bags shall not be permitted.

D. 

Business establishments making available nonrecyclable paper bags or bags that do not meet the recyclability content requirements set forth in this chapter (for example, paper bags bearing a logo) may charge a minimum of $0.15 per bag.