A. As used in this section, "auxiliary container" means any bag, cup, package, container, bottle, device or other packaging that is:
1. Made of cloth, paper, plastic, including foamed or expanded plastic, cardboard, corrugated material, aluminum, glass, postconsumer recycled material or similar material including, but not limited to, coated or laminated materials; and
2. Designed for, but not limited to, consuming, transporting, or protecting merchandise, food or beverages from, or at, a food service facility, manufacturing, distribution, further processing, or retail facility.
B. Except for subsection D of this section, no political subdivision shall restrict, tax, prohibit or regulate the use, disposition or sale of auxiliary containers.
C. Nothing in this section shall prohibit or limit any county or municipal ordinance or agreement regarding a recycling program or the disposal of solid waste.
D. Subsection B of this section shall not apply to the use of auxiliary containers on property owned by a county or municipality.
Added by Laws 2019, c. 136, § 1.
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