Skip the Bag, Save the River: Frequently Asked Questions
Why is the District’s law on paper and plastic bags changing? And when?
The District Department of the Environment (DDOE) conducted a study of trash in the Anacostia River, and found that disposable plastic bags were one of the largest sources of litter. Councilmember Tommy Wells (D-Ward Six) and 11 other members of the Council of the District of Columbia co-introduced the Anacostia River Clean Up and Protection Act of 2009*, which then passed the Council unanimously. Mayor Fenty signed the bill July 6, 2009. Most of the new law’s provisions go into effect January 1, 2010.
What harm do disposable plastic bags cause?
Plastic bags can trap fish, birds and other wildlife, or become lodged in their stomachs. They can also damage the engines of motor boats by covering the cooling intake.
What types of businesses are affected by the bag fee?
District businesses that sell food or alcohol (including grocery, liquor and drug stores, restaurants, and street vendors) will be affected.
How does the bag fee work?
Beginning January 1, businesses that sell food or alcohol must charge you 5 cents for each carryout paper or plastic disposable bag.
How do I avoid paying 5 cents a bag?
You can bring your own disposable or reusable bag to the store or restaurant. Some stores and restaurants will offer you a 5-cent credit per bag for bringing your own, so you’ll actually save 10 cents. You can also choose not to bag your purchase.
How should I care for my reusable bags?
You should launder your reusable bags often to keep them clean and prevent germs from accummulating. Wash them as regularly as you would your towels or cutting board. Consider designating specific bags for grocery shopping and others for gym clothes, diapers, etc.
What if I can’t afford to buy reusable bags?
DDOE is partnering with a number of grocery and drug stores, District Government agencies, Council offices and various community service organizations to give away tens of thousands of bags to low-income and senior District residents.
You can also bring disposable bags back to the store or restaurant and reuse them, avoiding the fee and receiving a credit on your bill at participating businesses. Finally, if you shop with a rolling cart that you bring from home, consider asking the cashier to put your groceries directly in the cart without bagging them.
Does the new law also change the type of bags I can receive when I buy something?
Yes. Under the Anacostia River Clean Up and Protection Act, businesses that sell food or alcohol may only sell or distribute recyclable plastic bags made from #2 or #4 polyethylene, and the bags must be printed with a phrase that encourages recycling (such as “Please recycle this bag.”). If the business sells or distributes paper bags, these must also be recyclable, contain a minimum of 40 percent post-consumer recycled content, and be printed with a phrase that encourages recycling.
For example, the opaque black plastic bags typically given away at liquor stores cannot be recycled, so they will no longer be permitted to be sold or distributed in the District after April1, 2010.
Are any paper or plastic bags exempt from the 5-cent fee?
Yes. The fee is designed to cover disposable paper and plastic carryout bags you receive at the register to hold your purchases, in businesses that sell food or alcohol. So, other types of bags used solely to hold the following items are not subject to the fee:
- Bulk items, such as produce, nuts, grains and candy
- Frozen foods, meat and fish
- Flowers, potted plants or other items where dampness may be a concern
- Small bakery goods
- Prescription drugs
- Newspapers
- Small hardware items, such as individual nails, screws, nuts and bolts
- A partially-consumed bottle of wine at a restaurant
- Trash, pet and yard waste (when sold in a box of multiple bags)
- Dry cleaning
- Paper bags to take food home from a restaurant that has seating
Please note that including any of the above-mentioned items in a disposable paper or plastic carryout bag does not make the disposable carryout bag exempt from the 5-cent fee.
Do restaurants have an exemption for paper bags?
If a restaurant has seating (holds a restaurant license), the restaurant will need to charge five cents for plastic bags only--paper bags are exempt. Food courts fand ast-food restaurants are also included in this group and are exempt from the paper bag fee.
The paper bag exemption applies only to food items. If a restaurant sells a nonfood item, such as a CD, mug, hat or shirt, the restaurant will need to charge five cents for the paper bag or the plastic bag.
If a restaurant does not have seating (holds a delicatessen license), the restaurant will need to charge for both paper and plastic bags.
What will the fee pay for?
The majority of the proceeds from the carryout bag fee will go into the new Anacostia River Clean Up and Protection Fund. DDOE will administer this fund, and use it to clean and protect the Anacostia and other local waterways, and to provide reusable bags to residents. Proceeds from a new commemorative license plate and income-tax checkoff will also go into the fund.
DDOE will also conduct public education campaigns about the impact of trash on the District’s environmental health, and continue to provide reusable carryout bags to District residents.
The retail establishment keeps one cent from the 5-cent fee for each bag. If the business also offers a bag credit program (giving you a 5-cent credit for bringing your own bag), it keeps an additional one cent of the fees it collects.
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