1. (a) This section applies only in Howard County.

2. (b)

   1. (1) In this section the following words have the meanings indicated.

   2. (2)

      1. (i) “Disposable bag” means a plastic bag provided by a store to a customer at the point of sale.

      2. (ii) “Disposable bag” does not include:

         1. 1. a durable plastic bag with handles that is at least 2.25 mils thick and is designed and manufactured for multiple reuse;

         2. 2. a bag used to:

            1. A. package bulk items, including fruit, vegetables, nuts, grains, candy, or small hardware items;
            2. B. contain or wrap frozen foods, meat, or fish, whether prepackaged or not;
            3. C. contain or wrap flowers, potted plants, or other damp items;
            4. D. contain unwrapped prepared foods or bakery goods; or
            5. E. contain a newspaper or dry cleaning;
         3. 3. a bag provided by a pharmacist to contain prescription drugs; or
         4. 4. plastic bags sold in packages containing multiple plastic bags intended for use as garbage, pet waste, or yard waste bags.
   3. (3) “Store” means a retail establishment that provides disposable bags to customers as a result of the sale of a product.

3. (c)

   1. (1) The county may impose, by law, a fee on a store for the use of disposable bags as a part of a retail sale of products.
   2. (2) The fee imposed under paragraph (1) of this subsection may not exceed 5 cents for each disposable bag used.

4. (d) The county may only use the revenue from a fee imposed under subsection (c) of this section for:

   1. (1) an environmental purpose, including the establishment of a program to provide reusable bags to individuals in the county; or
   2. (2) the implementation, administration, and enforcement of the fee.

Added by Acts 2019, c. 725, § 1, eff. Oct. 1, 2019.