EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXIS TING LAW.
[Brackets] indicate matter deleted from existing law.
*hb1412*
HOUSE BILL 1412
C2 5lr2494
By: Delegates Alston, Acevero, Martinez, and Tomlinson
Introduced and read first time: February 7, 2025
Assigned to: Environment and Transportation and Economic Matters
A BILL ENTITLED
AN ACT concerning 1
Business Regulation – Retail Stores – Carryout Bags 2
FOR the purpose of prohibiting a county or municipal corporation from requiring a retail 3
establishment to impose a fee, tax, or charge for a carryout bag, except under certain 4
circumstances; requiring that certain customers be exempted from any fee, tax, or 5
charge for a carryout bag; and generally relating to fees for carryout bags from retail 6
stores. 7
BY adding to 8
Article – Business Regulation 9
Section 19–108 10
Annotated Code of Maryland 11
(2024 Replacement Volume) 12
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
That the Laws of Maryland read as follows: 14
Article – Business Regulation 15
19–108. 16
(A) (1) IN THIS SECTION THE F OLLOWING TERMS HAVE THE MEANINGS 17
INDICATED. 18
(2) “LOCAL JURISDICTION” MEANS A COUNTY OR MU NICIPAL 19
CORPORATION . 20
(3) (I) “PUBLIC ASSISTANCE PROGRAM” MEANS ANY 21
PUBLICLY FUNDED BENEFIT PROGRAM THAT A RECIPIENT CAN USE TO PURCHASE 22
FOOD. 23 2 HOUSE BILL 1412
(II) “PUBLIC ASSISTANCE PROGRAM ” INCLUDES: 1
1. THE FEDERAL SUPPLEMENTAL NUTRITION 2
ASSISTANCE PROGRAM (SNAP); 3
2. THE STATE FAMILY INVESTMENT PROGRAM (FIP); 4
3. THE FEDERAL WOMEN, INFANTS, AND CHILDREN 5
PROGRAM (WIC); AND 6
4. ANY OTHER PROGRAM TH AT PROVIDES PUBLICLY 7
FUNDED ASSISTANCE TH AT CAN BE USED TO PU RCHASE FOOD . 8
(B) (1) NOTWITHSTANDING ANY O THER LAW, A LOCAL JURISDICTION 9
MAY NOT ADOPT OR ENFORCE A L AW OR AN ORDINANCE T HAT REQUIRES A RETAIL 10
ESTABLISHMENT TO CHA RGE AND COLLECT A FE E, A TAX, OR ANY OTHER CHARGE 11
FOR THE USE OF A CARRYOUT BAG AT THE POINT OF SALE UNLESS THE LAW OR 12
ORDINANCE: 13
(I) WAS IN EFFECT BEFORE JANUARY 1, 2025; AND 14
(II) REQUIRES THAT REVENUE GENERATED FR OM THE SALE OF 15
CARRYOUT BAGS BE PAID TO THE LOCAL JURISDI CTION TO BE USED ONLY FOR 16
ENVIRONMENTAL SUPPOR T PURPOSES. 17
(2) A LOCAL JURISDICTION A UTHORIZED UNDER THIS SECTION TO 18
REQUIRE RETAIL ESTABLISHMENT S TO CHARGE AND COLLECT A FEE, A TAX, OR ANY 19
OTHER CHARGE FOR THE USE OF A CARRYOUT BAG AT THE POINT OF SALE SHALL 20
REQUIRE RETAIL ESTABLISHMENTS TO EXEMPT FROM THE CHARGE ANY CUSTOMER : 21
(I) USING FUNDS FROM A PUBLIC ASSISTANCE PR OGRAM TO 22
PAY FOR ALL OR PA RT OF THEIR PURCHASE ; OR 23
(II) WHO IS AT LEAST 65 YEARS OLD. 24
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 25
October 1, 2025. 26