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Notwithstanding sections 9.21.020 and 9.21.030 of this code:

A. Single use plastic carryout bags may be distributed to customers by food providers for the purpose of safeguarding public health and safety during the transportation of hot prepared take-out foods and prepared liquids intended for consumption away from the food provider’s premises.

B. Retail establishments may distribute product bags and make reusable bags available to customers whether through sale or otherwise.

C. A retail establishment shall provide a reusable bag or recyclable paper bag at no cost at the point of sale upon the request of a customer who uses a voucher issued under the Women, Infants and Children Program established in the Oregon Health Authority under ORS 409.600.

D. Vendors at retail fairs such as a farmer’s market or holiday fair are not subject to indicating on the customer’s transaction receipt the total amount of the recyclable paper bag pass-through charge required in section 9.21.030.B of this code.

E. The City administrator or the designee may exempt a retail establishment from the requirement set forth in sections 9.21.020 and 9.21.030 of this code for a period of not more than one year upon the retail establishment showing, in writing, that this code would create an undue hardship or practical difficulty not generally applicable to other persons in similar circumstances. The decision to grant or deny an exemption shall be in writing, and the City administrator’s or designee decision shall be final. (Ord. 3094, amended, 2014)