Anacostia River Clean Up and Protection Act of 2009

Effective January 1, 2010, all District retailers licensed to sell food or alcohol must charge a 5¢ fee for each paper or plastic disposable bag provided to customers at the point of sale.

ExemptionsSome plastic and paper bags used inside a store

are exempt from the fee. Examples include bags used to:

• Package bulk items such as fruit, vegetables, nuts, grains, candy, or small hardware items;

• Contain or wrap frozen foods, meat, or fish whether prepackaged or not;

• Contain or wrap flowers, potted plants, or other items where dampness may be a problem; and

• Contain unwrapped prepared foods or bakery goods.

• A restaurant with seating will need to charge five cents for plastic bags only. Paper bags are exempt.

• A restaurant without seating, such as a restaurant with a front door and counter only, will need to charge for both paper and plastic bags.

Restaurants

Cash Register Receipt

The retailer must indicate on any customer transaction receipt the number of disposable carryout bags provided and the total amount of fees collected.

The fees are not subject to the District of Columbia sales tax.

Paper and Plastic Bag Requirements

• 100% Recyclable;

• Display the phrase, “Please Recycle This Bag” or a substantially similar phrase in a highly visible manner;

• Paper bags must contain a minimum of 40% post-consumer recycled content; and

• Disposable plastic bags must be SPI resin identification code 2 or 4.

Businesses keep one cent and submit the other four cents to the Office of Tax and Revenue on a Sales and Use Tax/Fee Monthly Return Form.

Retail establishments that choose to offer a Carry-out Bag Credit Program may keep an additional one cent for a total of two cents of each five collected.

The remaining three or four cents per bag go into the new Anacostia River Clean Up and Protection Fund, administered by DDOE. The fund will pay for stream restoration, public education and reusable bags for low-income and senior residents.

Where does the money go?

• Partnership with CVS/pharmacy: 12,000 reusable bags

• DDOE funding an additional 100,000 bags

• Television

• Print

• Transit

• Online: green.dc.gov/bags

Getting the word out

Contact information:Mary Lynn WilhereBusiness Outreach, Office of the DirectorDistrict Department of the EnvironmentPhone: 202-535-1939Email: marylynn.wilhere@dc.govWebsite: green.dc.gov

Photo: John Wasiutynski, DDOE

Anacostia River

Source: helpwildlife.com