§ 153A-145.12.  Limitations on regulations of auxiliary containers; shopping carts.

(a) Except as provided under subsection (b) of this section, no county may adopt an ordinance, resolution, regulation, or rule to:

(1) Restrict, tax, charge a fee, prohibit, or otherwise regulate the use, disposition, or sale of an auxiliary container.

(2) Regulate the use of shopping carts, including the imposition of a fee or fine on a business for failure to take possession of a shopping cart that was removed from the premises of the business.

(b) A county is authorized to:

(1) Operate a recycling program, a composting program, and a solid waste disposal program as authorized by law.

(2) Regulate the use of auxiliary containers on property owned or maintained by the county.

(c) The following definitions shall apply in this section:

(1) Auxiliary container. - A bag, cup, package, container, bottle, device, or other packaging made of cloth, paper, plastic, foamed plastic, fiber, expanded plastic, cardboard, corrugated material, aluminum, glass, post-consumer recycled material, or similar coated or laminated material that is designed for the consumption, transportation, or protection of merchandise, food, or beverage at a food service facility, manufacturing facility, distribution facility, processing facility, or retail facility.

(2) Shopping cart. - As defined in G.S. 14-72.3(a)(1). (2023-134, s. 5.9(d).)