§ 27-2705. Recycling program requirements.

An at-store recycling program provided by the operator of a store
shall require:

1. a plastic carryout bag provided by the store to have printed or
displayed on the bag, in a manner visible to a consumer, the words
"PLEASE RETURN TO A PARTICIPATING STORE FOR RECYCLING". Provided,
however, such store shall be allowed for one year from the effective
date of this subdivision to use its existing stock of plastic carryout
bags. A store may also apply to the commissioner for approval of an
alternative plastic bag recycling message. The commissioner shall
approve or reject the proposed message within forty-five days;

2. a collection bin that is visible, easily accessible to the
consumer, and clearly marked that the collection bin is available for
the purpose of collecting and recycling plastic carryout bags and film
plastic. This subdivision shall apply to stores not within an enclosed
shopping mall and stores of at least fifty thousand square feet within
an enclosed shopping mall. In the case of an enclosed shopping mall, the
owner of the enclosed mall shall place bins at reasonable intervals
throughout the enclosed mall area;

3. all plastic carryout bags and film plastic collected by the store
to be collected, transported and recycled along with any other in-store
plastic recycling, except for plastic bags that are not sufficiently
free of foreign material to enter the recycling stream. Plastic carryout
bags and film plastic collected by the store or the manufacturer, which
are free of foreign material, shall not be disposed of in any solid
waste disposal facility permitted or authorized pursuant to title seven
of this article;

4. the store or its agent to maintain, for a minimum of three years,
records describing the collection, transport and recycling of plastic
carryout bags and film plastic collected by weight, provided however
that stores or its agents may weigh such bags, film plastic and any
other in-store plastic recycling at a regional collection center. Such
records shall be made available to the department upon request, to
demonstrate compliance with this title; and

5. the operator of the store to (a) make reusable bags available to
customers within the store for purchase, and (b) permit a reuseable bag
to be used in lieu of a plastic carryout bag or paper bag.