D.C. Mun. Regs. tit. 21, § 1006
Carryout Bags Not Subject to This Chapter
Effective May 17, 201966 DCR 6193Authority: 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. Source: Final Rulemaking published at 57 DCR 7208 (August 13, 2010); as amended by Final Rulemaking published at 66 DCR 6193 (May 17, 2019).District of Columbia, Office of the Secretary
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.
Source: Final Rulemaking published at 57 DCR 7208 (August 13, 2010); as amended by Final Rulemaking published at 66 DCR 6193 (May 17, 2019).