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.

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.

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.

• “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”.

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

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.

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

No, the ordinance exempts gift bags.

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

The fee is kept by the retailer.

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.

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