• (a)a carry bag—
  • (i)the body of which comprises in whole or in part, polyethylene with a thickness of less than 50 microns;
  • (ii)that is used for the carrying or transporting of goods;
  • (iii)that is not an integral part of a product’s packaging;
  • (iv)that is not a waste disposal bag; and
  • (v)that is not a bag that is of a kind prescribed by regulations; or
• (b)a bag that is of a kind prescribed by regulations.

• (a)sells, supplies or distributes a plastic bag to another person; or
• (b)makes a plastic bag available to a customer for carrying goods purchased, or to be purchased, from a retailer,

commits an offence and is liable upon conviction to a fine not exceeding $150,000 or to a term of imprisonment not exceeding 2 years or both.

• (a)as an employee must be treated as done or omitted by that individual’s employer provided that the employee was acting within the course of his or her employment; or
• (b)as an agent must be treated as done or omitted by that individual’s principal provided that the agent was acting with the actual or ostensible authority of the terms of his or her agency,

whether or not it was done with the knowledge or approval of the employer or principal.