Residents and the Bag Law

Can reusable bags possibly cause public health problems because of the bacteria from food products and cross-contamination of food?

Not if the bags are properly cared for by periodic washing or cleaning with disinfectant wipes. Studies have concluded that hand or machine washing bags can reduce the bacteria in bags by more than 99.9 percent and reduce cross-contamination of foods. Consumer Reports investigated the allegations about bacteria in reusable shopping bags and found that there were, in fact, very few safety concerns. No pathological bacteria such as salmonella, listeria or E coli were found in their research on shopping bags.

Just as with regular plastic or paper bags, grocery shoppers with reusable bags should follow food safety practices by separating raw foods from other food products. This is easy to do by simply using the thin plastic bags located in the meat and produce areas. Also, do not keep raw meats/fish or other perishables in hot cars for an extended period of time. 

What about the plastic bags used for produce, meats, etc. in the grocery store? Will they still be available and will I be charged?

These bags will still be available, and you will not be charged for them.

How does the carryout bag law help reduce litter? Experience in other jurisdictions has shown that reducing the number of carryout bags distributed by retail establishments reduces the number of bags that wind up as litter in our waterways. With a small fee as a disincentive, consumers tend to rethink whether they need a bag at all. 

If bags are such a problem, why not just ban them? 

A ban takes the choice of using paper or plastic bags away from consumers. Taking away consumer choice was not an acceptable option for the County. However, people who choose to use paper or plastic bags defray some of the cost of cleaning up litter, which inevitably results when bags are distributed on a wide scale. 

Isn’t the carryout bag law a backdoor way to raise revenue rather than to protect the environment?

No. Over time, as people bring their own bags to retail stores, the bag revenue to the County will diminish. This is what happened in neighboring Washington, D.C. A reduction in bag usage will also save County taxpayers money in programs to control and clean up litter. In 2009, Montgomery County spent over $3 million on these efforts. 

If bag litter is a problem, why not take extra steps to clean up litter and have a publicity campaign against litter pollution instead of charging for carryout bags?

Stopping a pollutant at the source is always more cost-effective than cleaning it up once it gets into the environment. Legal tools, such as the carryout bag law, are proven to reduce the source of litter because people have an incentive to reduce their use of bags.

Responsible residents reuse or recycle paper and plastic bags and/or dispose of them properly. However, studies show that improper disposal -- of especially plastic bags -- is not an isolated or small problem but a pervasive source of pollution on our streets and in our streams. The County will continue to aggressively educate the public about fighting litter. But, education alone has not proven to be effective enough.

The success of nearby Washington D.C.’s carryout bag law in reducing the volume of plastic bags in the litter stream shows that it is an effective, additional strategy for the County to use to reduce trash. It will complement the County’s litter prevention outreach efforts. 

Revenue from the carryout bag law is supposed to go into the Water Quality Protection Charge fund. How do our residents and the environment benefit from this fund? 

Montgomery County is described as a national model for how local jurisdictions should address the daunting task of cleaning up polluted streams and protecting the ones in good condition. Over the past four years, we have used the Water Quality Protection Charge to:

1. Inspect thousands of publicly- and privately-maintained stormwater management facilities to ensure they are working. These devices effectively remove pollutants before they get into our streams and reduce the volume of flood water;
2. Construct or retrofit stormwater controls to better treat runoff from more than 1,000 acres;
3. Restore and stabilize 4.3 miles of degraded stream channels and eroding stream banks; and,
4.  Share in the costs of 151 stormwater control projects on residential, private and institutional properties. 

How will the carryout bag law work when I purchase something in a store?

If you choose to carry your purchases out in a bag provided by the store at the checkout counter, you will be charged five cents per bag.

What if I order something by phone/internet/fax and it is delivered to me in a bag from the store? 

You will be charged five cents per bag.

Are any bags exempt under the law?

Yes. These bags are exempt from the law:

• Bags used to hold prescription drug(s)
• Bags which are sold for initial use as yard waste bags, pet waste bags, garbage bags, dry cleaning bags, or newspaper bags
• Bags provided by a seasonal stand or street fair stall, such as farmer’s market, yard sale or occasional retailer (defined in the law as “…a retail establishment that engages in the retail sale of goods no more than six days in any calendar year.”)
• Bags used to package a bulk item or to contain or wrap a perishable item
• A paper bag that a restaurant gives a customer to take prepared or leftover food or drink from the restaurant. The law defines restaurant as “…any lunchroom, café or other establishment located in a permanent building for the accommodation of the public, equipped with a kitchen containing facilities and utensils for preparing and serving meals to the public and outfitted with a public dining area.” 

Are customers charged for bags when they go through a self-service checkout?

Customers using the self-service checkout must also pay 5 cents for each bag used. 

What if I can’t afford to purchase reusable bags?

The County works with various nonprofit groups, the Housing Opportunities Commission, and service agencies from the County and its municipalities to distribute bags to low-income households. 

Will I be charged if I bring plastic or paper bags from home for my purchases?

No. 

One exemption to the carryout bag tax is reserved for a bag used to package a bulk item or to contain or wrap a perishable item. If I am buying a perishable item (such as a tub of ice cream or a loaf of bread), will I be charged the bag tax?

When the law refers to bags used to package bulk or perishable items, it is talking about the types of bags that you find in the produce section of the supermarket for customers to bag loose items—e.g, green beans, nuts—or the types of bags that might be used to wrap what is ordered at the deli counter, seafood counter, or fresh meat counter. You will not be charged the bag tax if the bulk or perishable item is placed in that type of bag prior to reaching the checkout counter.

If the perishable item is placed in a paper or plastic carryout bag at the checkout counter for the customer the bag is subject to the Bag Tax. The point of sale is the trigger for the bag tax. With respect to the bag law, the fact that an item is “perishable” is irrelevant if the perishable item is placed in a carryout bag at the checkout counter. That paper or plastic bag would be subject to the 5 cent tax.

What is the definition of a restaurant in the law?

Restaurant in Montgomery County means "any lunchroom, cafe or other establishment located in a permanent building for the accommodation of the public, equipped with a kitchen containing facilities and utensils for preparing and serving meals to the public, and outfitted with a public dining area.”

• A restaurant does not include any area of a supermarket, department store, or other retail establishment beyond the kitchen and public dining area.
• A restaurant does not include convenience stores, delis, and mini-marts unless they have an eat-in area with tables. (An establishment with raised tables with or without seating where people may stand and eat also counts as a restaurant.)  

Are there any special exemptions from the bag law that apply to restaurants?

Yes. Restaurants may not collect the tax from customers for paper bags used to carry out prepared or leftover food or drink. This includes paper bags used to carry out unfinished bottles of wine. If plastic bags are provided, the restaurant must charge the customer 5 cents per bag. If the paper bag used to carry out prepared food items from a restaurant also contains non-prepared food items (e.g., bag of chips, bar of chocolate) the bag is exempt from the bag law (restaurants need not charge for these paper bags).

Bags provided by an establishment that does not have a dining area (e.g., a deli or a pizza shop) would not qualify for the paper bag exemptions afforded to a restaurant. 

What plastic bags used by restaurants are subject to the bag law (@ 5 cents per bag) ?

• Any plastic bag that is used to carry prepared foods
• Any plastic bag or thin film sleeve given out at the establishment’s checkout counter to carry a wrapped food item or food items (such as a sandwich wrapped in wax paper, a plastic tub of soup, a clamshell for prepared foods at a lunch deli, etc.)
• A plastic bag that is used to carry multiple unprepared and/or prepared food items simultaneously

Which plastic bags used by restaurants are exempt from the bag law?

Plastic ziplock bags used by establishments to package prepared foods, typically in the kitchen area, are not considered carryout bags and are exempt.