A person is a "prescribed retailer" if he carries on a retail business at-

1. 5 or more qualified retail outlets in Hong Kong; or
    
2. at least one qualified retail outlet in Hong Kong that has a retail floor area of not less than 200 square metres.

For the purposes of this Ordinance, the "retail floor area" –

1. means the total floor area of any enclosed space at a retail outlet that is accessible by a customer;
   
 
2. includes any area used as a passageway or occupied by a cashier, shelf, rack or goods on display; and
    
3. excludes any area used as an office or for storage of stock.

A retail outlet is a "qualified retail outlet" if the goods offered for sale in the outlet include all of the following categories of goods-

1. any food or drink;
2. any medicine or first-aid item; and
3. any personal hygiene or beauty product.

If a retail business is carried on under a franchise agreement, the franchiser is the person who carries on that business.

For the purposes of this Ordinance, "food"-

1. includes snack, confectionary, chewing gum, and any article of substance used as an ingredient in the preparation of food; and
    
2. excludes any drink, live animal fodder or feeding stuff for animals, and any article or substance used only as medicine.

The products or items listed at the following websites will be regarded as "medicine" for the purposes of this Ordinance:

Registered Pharmaceutical Products:
http://www.psdh.gov.hk/eps/eng/html/compendium_main.jsp
 
Chinese Herbal Medicine:
http://www.legislation.gov.hk/09/eng/pdf.htm
(Schedule 1 and 2 under "Chinese Medicine Ordinance (Cap. 549)")
 
Proprietary Chinese Medicine:
http://www.cmchk.org.hk/

The list of products classifiable as "first-aid product" under the levy scheme is set out in the Product List. The list is for reference only and by no means exhaustive.  In case of doubt, the definitions as stated in the Ordinance shall prevail.

The list of products classifiable as "personal hygiene product" and "beauty product" under the levy scheme is set out in the Product List.  The list is for reference only and by no means exhaustive.  In case of doubt, the definitions as stated in the Ordinance shall prevail.  

A bag is a plastic shopping bag if-

1. it is made wholly or partly of plastic; and
   
 
2. there is a handle, handle hole, perforated line for tearing out a handle hole, carrying string or strap, or any other carrying device on, or attached to, the bag.

Plastic includes but not limited to polyethylene, polypropylene, polyvinyl chloride and nylon.

The following plastic shopping bags are exempted from the levy-

1. a bag that is sold at a price of $5.00 or more;
    
2. 2 or more bags that are sold as a pre-packaged pack at a price of $5.00 or more per pack;
   
 
3. a bag that- 
1. contains either unpackaged goods or more than one piece of goods; and
2. is sealed before the goods are supplied to the retailer concerned.

A prescribed retailer, or a person who proposes to be a prescribed retailer, may apply for registration as a registered retailer in respect of a qualified retail outlet by making an application to the Director of Environmental Protection using the specified application form (Form PSB-1).

In line with our performance pledge, for new registration made by a prescribed retailer, the retailer should submit the application at least 21 working days before the commencement of his business. For registration made by a registered retailer in respect of a new retail outlet, the retailer should submit the application at least 10 working days before the opening of the new outlet.

As a performance pledge, the EPD aims to process applications for registration of new outlets under a registered retailer within 10 working days. For processing of a new application, the EPD has also made a performance pledge of 21 working days. The EPD is further prepared to accommodate individual requests for urgent processing on a case-by-case basis, for example during the festive seasons when additional retail outlets are to be opened quickly in response to market needs.

Upon determination of an application, the "prescribed retailer" will be notified in writing of the outcome of his application and will be issued a "Certificate of Registration" if his application is successful.

If a change in the information provided to the EPD in relation to an application for registration occurs after it has been approved, the registered retailer must notify the EPD through the submission of the specified form "Notification of Change of Information" (Form PSB-2) within 30 days after its occurrence.

A registered retailer may apply for registration as a registered retail outlet in respect of his new qualified retail outlet by making an application to the EPD using the specified form “Application for Registration as Registered Retailer/ Registered Retail outlet” (Form PSB-1).   The application should be submitted at least 10 days before the new qualified retail outlet commences its business, otherwise no plastic shopping bags should be provided to the customer from this outlet.

No plastic shopping bags shall be provided to customers of a qualified retail outlet before it is formally registered; failing to do so is an offence liable to prosecution.    A registered retailer should inform the EPD immediately but in any case not later than the actual business commencement date if the registered new retail outlet needs to commence its business (and distribute PSBs) before the effective date of registration as stated in the “Certificate of Registration”.   The registered retailer shall inform the EPD the revised business commencement date through email (at psb@epd.gov.hk) or by fax (2305-0453) without recourse to a new application.

A registered retailer should register his promotion booth in a trade fair or exhibition if the booth offers all three categories of prescribed products for sale.   The specified form “Application for Registration as Registered Retailer/ Registered Retail outlet” (Form PSB-1)  should be completed for submission to the EPD at least 10 working days before the booth commences its business, otherwise no plastic shopping bags should be provided to the customer from the booth.

A registered retailer may apply to the EPD for deregistration of registered retailer/ registered retail outlet by making an application to the EPD using the specified form "Application for Deregistration of Registered Retailer / Registered Retail Outlet" (Form PSB-4) if-

1. that registered retailer is no longer a "prescribed retailer" i.e. that registered retailer no longer operates 5 or more qualified retail outlets in Hong Kong, or at least one qualified retail outlet that has a retail floor area of not less than 200 square metres
    
2. that registered retailer ceases to carry on a retail business in that registered retail outlet;
   
 
3. that registered retail outlet applying for deregistration is no longer a qualified retail outlet; and
   
 
4. that registered retailer ceases to provide plastic shopping bags from that registered retail outlet.

A registered retail outlet is and remains as a registered retail outlet unless an application for deregistration has been submitted by the registered retailer and approved by the EPD.

No plastic shopping bags shall be provided to customers of a retail outlet (except it is no longer a qualified retail outlet or an outlet operated by a prescribed retailer) on or after the effective date of deregistration; failing to do so may be an offence liable to prosecution. A registered retailer should inform the EPD immediately but in any case before the effective date of deregistration if the deregistered retail outlet needs to continue its business (and distribute PSBs) on or after such deregistration date as approved by the EPD.   The registered retailer shall inform the EPD the revised last date of business through email (at psb@epd.gov.hk) or by fax (2305-0453) without recourse to a new application.