Section 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  plastic  carryout  bag  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. 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 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
  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  collected by weight, provided however that stores or its
  agents may weigh such bags 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.