1005 APPLICATION OF CARRYOUT BAG REQUIREMENTS TO RESTAURANTS

1005.1 A restaurant with seating, where food or refreshments are served to transient customers to be eaten on the premises where sold, shall comply with the fee, material, and labeling requirements of Sections 1001 and 1002 for each of the following types of disposable carryout bags provided to a customer to take food away from the restaurant:

(a) A plastic carryout bag;

(b) A paper carryout bag, if:

(1) The bag includes a non-food item, whether or not the bag also contains a food item; and

(2) The restaurant directly charges the customer for the non-food item; and,

(c) A paper carryout bag if the restaurant is classified as a Retail Food Establishment pursuant to D.C. Official Code § 47-2827(j).

1005.2 A retail establishment where food is prepared and sold only for consumption off the premises, such as a delicatessen without seating or a carry-out establishment, that does not qualify as a restaurant under D.C. Official Code § 47-2827(e)(2), shall comply with the fee, and material and labeling requirements of Sections 1001 and 1002, for all paper and plastic disposable carryout bags provided to a customer with his or her purchase.

Source: Final Rulemaking published at 57 DCR 7208 (August 13, 2010); as amended by Final Rulemaking published at 66 DCR 6193 (May 17, 2019).