Definitions

For the purposes of this subchapter, the term: (1) “Disposable carryout bag” means a bag of any material, commonly plastic or kraft paper, which is provided to a consumer at the point of sale to carry purchases. The term “disposable carryout bag” shall not include: (A) Bags used by consumers inside stores to: (i) Package bulk items, such as fruit, vegetables, nuts, grains, candy, or small hardware items; (ii) Contain or wrap frozen foods, meat, or fish, whether prepackaged or not; (iii) Contain or wrap flowers, potted plants, or other items where dampness may be a problem; and (iv) Contain unwrapped prepared foods or bakery goods; (B) Bags provided by pharmacists to contain prescription drugs; (C) Newspaper bags, door-hanger bags, laundry-dry cleaning bags, or bags sold in packages containing multiple bags intended for use as garbage, pet waste, or yard waste bags; (D) Paper carryout bags that restaurants, as defined in § 47-2827(e)(2), provide to customers to take food away from the retail establishment; (E) Reusable carryout bags; or (F) Bags provided to the consumer, as required by § 25-113(b)(5)(C), for the purpose of transporting a partially consumed bottle of wine. (2) “Fund” means the Anacostia River Clean Up and Protection Fund established by § 8-102.05(a). (3) "Retail establishment" means any licensee: (A) Under an off-premises retailer's license, class A or B, issued pursuant to § 25-112; (B) Under a Public Health: Food Establishment Retail endorsement to a basic business license issued pursuant to Chapter 28 of Title 47, for licenses issued before October 1, 2025; or (C) Under a basic business license issued under the Food Services category, pursuant to Chapter 28 of Title 47, unless the licensee does not meet the definition of a "food establishment" under subsection 9901.1 of Title 25-A of the District of Columbia Municipal Regulations (25-A DCMR § 9901.1), for licenses issued on or after October 1, 2025. (4) “Reusable carryout bag” means a bag with handles that is specifically designed and manufactured for multiple reuse and is made of cloth, fiber, other machine washable fabric, or durable plastic that is at least 2.25 millimeters thick.