(1) Except as provided in subsection (2) of this section, a retail establishment may not provide:

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(a) Single-use checkout bags to customers.

(b) Recycled paper checkout bags, reusable fabric checkout bags or reusable plastic checkout bags to customers unless the retail establishment charges not less than five cents for each recycled paper checkout bag, reusable fabric checkout bag or reusable plastic checkout bag.

(2) A retail establishment may provide:

(a) Reusable fabric checkout bags at no cost to customers as a promotion on 12 or fewer days in a calendar year.

(b) Recycled paper checkout bags or reusable plastic checkout bags at no cost to customers who:

(A) Use a voucher issued under the Women, Infants and Children Program established under ORS § 413.500.

(B) Use an electronic benefits transfer card issued by the Department of Human Services.

(3) Except as provided in subsection (4) of this section, a restaurant may not provide:

(a) Single-use checkout bags to customers.

(b) Reusable plastic checkout bags to customers unless the restaurant charges not less than five cents for each reusable plastic checkout bag.

(4) A restaurant may provide:

(a) Recycled paper checkout bags at no cost to customers.

(b) Reusable plastic checkout bags at no cost to customers who use an electronic benefits transfer card issued by the Department of Human Services. [2019 c.434 § 2]

 

See note under 459A.755.