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1. What counts as a carry-out bag?

Bags that are provided by retail establishments to customers, at points of sale, to carry and/or transport purchased items. Carry-out bags include restaurant delivery and restaurant take-out bags.

2. What counts as a “compliant” reusable bag?

Reusable bags made of cloth or other washable material, with stitched handles that are specifically designed and manufactured for multiple reuse. A bag is suitable for multiple reuse if it is machine washable or is made from a material that can be otherwise cleaned and disinfected.

3. What if I forget to bring a reusable bag?

All retail establishments shall make paper compliant carry‐out bags available to customers, for a fee of at least 5¢ per paper carry-out bag. Retailers can also offer compliant reusable bags for a fee or for free at their discretion.

4. What kinds of bags are allowed without fees?

• “Produce bags” to package bulk items, such as fruit, vegetables, nuts, grains, candies, or small hardware items.
• Bags used to wrap frozen foods, meat, or fish, whether packaged or not.
• Bags used to contain or wrap flowers, potted plants, or other items where dampness may be an issue.
• Bags used to contain unwrapped prepared foods or bakery goods.
• Pharmacy prescription bags.
• Bags used to contain live animals, such as fish or insects sold in pet stores.
• Gift bags and “doggy bags”.

5. What about bags that come into direct contact with food?

If food is in direct contact with a paper bag (such as bagels, doughnuts, pastries), there is no charge for the paper bag.

6. What about restaurant delivery and take-out?

Restaurants shall charge 5¢ per order for paper bags required for delivery or takeout of that order, understanding that they often do not know how many bags are required until after the purchase is made and the customer is out of contact.

Doggy bags are exempt from the carry-out paper bag fee.

7. What counts as a “doggy bag”?

Doggy bags are those provided by eat-in restaurants when a customer takes home leftovers from the meal consumed in the restaurant.

8. Is there a fee for paper gift bags?

No, the ordinance exempts gift bags.

9. What if dampness issues make the use of paper bags impractical?

Products where dampness is an issue are exempted from the plastic bag prohibition.

10. Where does the 5 cent fee for paper carry-out bags go?

The fee is kept by the retailer.

11. Are seniors and public assistance recipients exempt from the paper carry-out bag fee?

Yes. Seniors (65 years or older) with proof of age are exempt. Persons using the New Jersey State Supplemental Nutritional Assistance Program, EBT, or New Jersey State Special Supplemental Nutrition Program for Women, Infants and Children are also exempt from carry-out bag fees.

12. What should I do if I have a large supply of non compliant carry-out bags already purchased for use in my store?

Contact Anthony Grenci, Code Enforcement Official, to apply for a temporary extension. agrenci@southorange.org