For the purposes of this article, the following definitions
shall apply:
EXEMPT BAG
A.
A bag used solely to contain or wrap uncooked meat, fish or
poultry;
B.
A bag used by a customer solely to package bulk items such as
fruits, vegetables, grains or candy;
C.
A bag used solely to contain food sliced or prepared to order;
D.
A bag used solely to contain a newspaper for delivery to a subscriber
of such newspaper;
E.
A bag sold in bulk to a consumer at the point of sale,
G.
A bag used for food storage;
I.
A bag prepackaged for sale to a customer;
J.
A plastic carryout bag provided by a restaurant, tavern or similar
food service establishment, as defined in Section 14-1.20 of the New
York State Sanitary Code (10 NYCRR 14-1.20), to carry out or deliver
food; or
K.
A bag provided by a pharmacy to carry prescription drugs.
PLASTIC CARRYOUT BAG
Any plastic bag, other than an exempt bag, that is provided
to a customer by a person required to collect tax to be used by the
customer to carry tangible personal property, regardless of whether
such person required to collect tax sells any tangible personal property
or service to the customer, and regardless of whether any tangible
personal property or service sold is exempt from tax under Article
28 of the tax law.
PAPER CARRYOUT BAG
A paper bag, other than an exempt bag, that is provided to
a customer by a person required to collect tax to be used by the customer
to carry tangible personal property, regardless of whether such person
required to collect tax sells any tangible personal property or service
to the customer, and regardless of whether any tangible personal property
or service sold is exempt from tax under Article 28 of the tax law.
A. A bag made of cloth or other machine washable fabric that has handles;
or
B. A durable bag with handles that is specifically designed and manufactured
for multiple reuse.
If the County of Westchester imposes a paper carryout bag reduction
fee through the adoption of a local law, ordinance or resolution,
the paper carryout reduction fee imposed by this local law shall remain
in full force and effect until the day before the effective date of
County of Westchester's local law, ordinance or resolution imposing
a paper carryout bag reduction fee.
A person required to collect tax who violates any provision
of this article shall be guilty of a violation and shall receive a
warning for the first violation, but may be subject to a fine in the
amount of $150 for the second violation, $200 for the third violation,
and $250 for the fourth and subsequent violations occurring within
a one-year period.