§ 130A-309.123. Substitution of paper bags restricted.
§ 130A‑309.123. Substitution of paper bags restricted.
(a) A retailer subjectto G.S. 130A‑309.122 may substitute paper bags for the plastic bagsbanned by that section, but only if all of the following conditions are met:
(1) The paper bag is arecycled paper bag.
(2) The retailer offersone of the following incentives to any customer who uses the customer's ownreusable bags instead of the bags provided by the retailer: (i) a cash refund;(ii) a store coupon or credit for general store use; or (iii) a value or rewardunder the retailer's customer loyalty or rewards program for general store use.The amount of the incentive shall be equal to or greater than the cost to theretailer of providing a recycled paper bag, multiplied by the number ofreusable bags filled with the goods purchased by the customer.
(b) Nothing in thisPart shall prevent a retailer from providing customers with reused packagingmaterials originally used for goods received from the retailer's wholesalers orsuppliers.
(c) Notwithstandingsubsection (a) of this section, a prepared foods retailer may package preparedfoods in a recycled paper bag, regardless of the availability of a reusablebag, in order to comply with food sanitation or handling standards or bestpractices. (2009‑163,s. 1.)