Requirements for disposable carryout bags made available to customers by retail establishments

(a) Disposable carryout bags made of plastic that cannot be recycled shall not be sold or distributed, retail or wholesale, in the District. (b) Disposable carryout bags made of paper shall: (1) Be 100% recyclable; (2) Contain a minimum of 40% post-consumer recycled content; and (3) Display the phrase “Please Recycle This Bag”, or a substantially similar phrase, in a highly visible manner on the bag exterior. (c) Disposable carryout bags made of plastic shall: (1) Be 100% recyclable; (2) Be made of high-density polyethylene film marked with the SPI resin identification code 2 or low-density polyethylene film marked with the SPI resin identification code 4; and (3) Display the phrase “Please Recycle This Bag”, or a substantially similar phrase, in a highly visible manner on the bag exterior. (d) Violation of the requirements set forth in this section shall subject the retail establishment to the penalties set forth in § 8-102.04.