§13–1001.

    (a)    This section applies only in Howard County.

    (b)    (1)    In this section the following words have the meanings indicated.

        (2)    (i)    “Disposable bag” means a plastic bag provided by a store to a customer at the point of sale.

            (ii)    “Disposable bag” does not include:

                1.    a durable plastic bag with handles that is at least 2.25 mils thick and is designed and manufactured for multiple reuse;

                2.    a bag used to:

                A.    package bulk items, including fruit, vegetables, nuts, grains, candy, or small hardware items;

                B.    contain or wrap frozen foods, meat, or fish, whether prepackaged or not;

                C.    contain or wrap flowers, potted plants, or other damp items;

                D.    contain unwrapped prepared foods or bakery goods; or

                E.    contain a newspaper or dry cleaning;

                3.    a bag provided by a pharmacist to contain prescription drugs; or

                4.    plastic bags sold in packages containing multiple plastic bags intended for use as garbage, pet waste, or yard waste bags.

        (3)    “Store” means a retail establishment that provides disposable bags to customers as a result of the sale of a product.

    (c)    (1)    The county may impose, by law, a fee on a store for the use of disposable bags as a part of a retail sale of products.

        (2)    The fee imposed under paragraph (1) of this subsection may not exceed 5 cents for each disposable bag used.

    (d)    The county may only use the revenue from a fee imposed under subsection (c) of this section for:

        (1)    an environmental purpose, including the establishment of a program to provide reusable bags to individuals in the county; or

        (2)    the implementation, administration, and enforcement of the fee.