"Alternative bag"
means any bag that is designed to carry customer purchases from the retail seller premises that is neither a plastic shopping bag nor a reusable bag.
"Plastic shopping bag"
means a single-use carryout bag made exclusively or primarily of soft plastic (including plastics marked or labeled as "biodegradable" or "compostable") that is designed to carry customer purchases from the retail seller's premises and is not a reusable bag.
"Retail seller"
means a commercial business located within the municipality, including but not limited to markets, grocery stores, convenience stores, pharmacies, drug stores, retail stores, restaurants, or similar establishments that sells goods or prepared food directly to final consumers, such as household supplies, perishable items, or food merchandise, including meat, produce, dairy products, or snack foods.
"Reusable bag"
means a bag that is designed and manufactured to withstand repeated use over time and is made from material that is machine washable or that can be cleaned and disinfected regularly.
(AO No. 2018-63(S), § 1, 8-28-2018; AO No. 2018-110, § 1, 12-18-2018; AO No. 2019-128(S), § 2, 11-5-2019)
A. 
On or after September 15, 2019, except as provided in this section a retail seller shall not provide a plastic shopping bag to a purchaser to carry away goods purchased from, or serviced by, the retail seller.
B. 
On or after September 15, 2019, except as provided in this section, a retail seller may provide an alternative bag to a purchaser to carry away goods purchased from, or serviced by, the retail seller, and if they do, they shall charge a minimum fee of $0.10 per bag with a maximum charge of $0.50 per transaction. A retail seller:
1. 
Shall not absorb or discount the required fees established by this subsection.
2. 
Shall state the fees as a separate item on the receipt provided to the purchaser.
3. 
May retain the full amount of the fee or give any portion of it to a nonprofit.
4. 
The fees in this section shall be waived for any transaction in which purchases are made with state or federal supplemental nutrition assistance programs, commonly known as food stamps, food coupons or other type of allotment issued under 7 U.S.C. 2011-2036, or with food instruments, food vouchers, or other type of certificate issued under 42 U.S.C. 1786 (Special Supplemental Food Program for Women, Infants, and Children), or other similar programs.
5. 
A retail seller or other organization is not required to charge a fee when they distribute alternative bags at temporary events where the bags are provided for a general use without a clearly associated sale.
6. 
The fees in this section do not apply to any transaction where the purchase is paid directly by the United States or its instrumentalities insofar as they are immune from local regulation.
7. 
The fees in this section do not apply to businesses such as restaurants and vendors at temporary markets.
C. 
A retail seller may provide a reusable bag without limitation or fee.
D. 
Exceptions. The prohibition established in this section does not apply to a plastic bag that is:
1. 
Used by customers inside stores to contain a product that does not have other packaging, such as bulk grains, fruit, nuts, vegetables, meat, candy, bakery goods, prepared foods, other food products or small hardware items;
2. 
Used to contain dampness or leaks from items such as frozen foods, meat or fish;
3. 
Used only to contain ice;
4. 
Used only to contain or wrap flowers or potted plants;
5. 
Provided by a pharmacist for the sole purpose of containing prescription drugs;
6. 
Used only to package an unconsumed portion of a bottle of wine in compliance with AS 04.16.120;
7. 
Used only to contain a newspaper, laundry, or dry cleaning;
8. 
Sold in packages containing multiple bags intended for consumer use off the retail seller's premises, such as for the collection and disposal of garbage, pet waste, or yard waste;
9. 
Provided by a retail marijuana store in accordance with the requirements of section 10.80.345; or
10. 
Without handles and provided to protect goods not individually wrapped in protective covering such as dry cleaning, artwork, souvenirs, cards, paper products or textiles.
E. 
Suspension. Enforcement of this chapter is suspended until January 1, 2022.
(AO No. 2018-63(S), § 1, 8-28-2018; AO No. 2018-110, § 1, 12-18-2018; AO No. 2019-121, § 1, 10-8-2019; AO No. 2019-128(S), § 3, 11-5-2019; AO No. 2021-15, § 1, 2-23-2021; AO No. 2021-84(S), § 1, 11-1-2021)