Chapter 9.65
CARRYOUT BAGS1
Sections:
9.65.010 Definitions.
9.65.020 Single-use plastic carryout bags prohibited.
9.65.030 Permitted bags.
9.65.040 Regulation of recycled paper carryout bags.
9.65.050 Use of reusable bags.
9.65.060 Exempt customers.
9.65.070 Enforcement.
9.65.010 Definitions.
For the purposes of this chapter only, the following words and phrases shall have the meanings defined in this section unless the context clearly requires otherwise:
Carryout bag (single-use) means any bag, including a plastic bag, provided at the check stand, cash register, point of sale or other point of departure for the purpose of transporting food, merchandise, or other goods out of a retail establishment or a public eating establishment. Single-use carryout bags do not include produce bags or product bags.
Customer means any person purchasing goods from a retail establishment or a public eating establishment.
Operator means the person in control of, or having the responsibility for, the operation of a retail establishment or public eating establishment, which may include, but is not limited to, the owner of a retail establishment or a public eating establishment.
Person means any natural person, firm, corporation, partnership, or other organization or group however organized.
Plastic bag means any bag made predominantly of plastic derived from either petroleum, ethylene derived from natural gas, or a biologically-based source, such as corn or other plant sources. The term “plastic bag” includes compostable and biodegradable bags but does not include reusable bags, recycled paper carryout bags, produce bags, or product bags.
Postconsumer recycled material means a material that would otherwise be destined for solid waste disposal, having completed its intended end use and product life cycle. Postconsumer recycled material does not include materials and by-products generated from, and commonly reused within, an original manufacturing and fabrication process.
Prepared food means foods or beverages which are prepared on premises by cooking, chopping, slicing, mixing, freezing, or squeezing, and which require no further preparation to be consumed, other than heating. Prepared food does not include any raw, uncooked meat product or fruits or vegetables which are chopped, squeezed or mixed.
Produce bag means any bag without handles used exclusively to carry produce, meats, or other food items to the point of sale inside a retail establishment or to prevent such food items from coming into direct contact with other purchased items.
Product bag means a bag integrated into the packaging of the product or a bag used (1) to hold prescription medication dispensed from a pharmacy; or (2) to segregate food or merchandise that could damage or contaminate other food or merchandise when placed together in a reusable bag or recycled paper carryout bag (examples include small paper bag for greeting cards, paper bags to protect glass bottles, plastic bags around ice cream or other wet items, paper bags used for bulk food, etc.).
Public eating establishment means a restaurant, take-out food establishment, or any other business that receives 90% or more of its revenue from the sale of prepared food to be eaten on or off its premises.
Recyclable means material that can be sorted, cleansed, and reconstituted using available recycling collection programs for the purposes of using the altered form in the manufacture of a new product. Recycling does not include burning, incinerating, converting, or otherwise thermally destroying solid waste.
Recycled paper carryout bag means a paper bag that meets all of the following requirements: (1) contains no old growth fiber, (2) is 100% recyclable overall and contains a minimum of 40% postconsumer recycled material; (3) displays the word “recyclable” in a highly visible manner on the outside of the bag; and (4) displays the percentage of postconsumer recycled material used. Recycled paper carryout bags do not include produce bags or product bags.
Retail establishment means any commercial establishment that sells perishable or nonperishable goods including, but not limited to, clothing, food, and personal items directly to a customer; and is located within or doing business within the geographical limits of the city of Pleasant Hill.
Reusable bag means a bag with handles that is specifically designed and manufactured for multiple reuse and meets all the following requirements: (1) has a minimum lifetime of 125 uses, which for purposes of this subsection means the capability of carrying a minimum of 22 pounds 125 times over a distance of at least 175 feet; (2) is machine washable or capable of being cleaned and disinfected; (3) does not contain lead, cadmium, or any other heavy metal in toxic amounts as defined by applicable state and federal standards and regulations for packaging or reusable bags; and (4) if made of plastic, is a minimum of 2.25 mils thick. (Ord. 883 § 1, 2014)
9.65.020 Single-use plastic carryout bags prohibited.
No retail establishment or public eating establishment shall provide to any customer a single-use carryout plastic bag. This prohibition applies to bags provided for the purpose of carrying away goods from the point of sale and does not apply to produce bags or product bags.
No person shall distribute a single-use carryout plastic bag at any city facility, city-managed concession, city-sponsored event, or city-permitted event unless otherwise provided in this section. (Ord. 883 § 1, 2014)
9.65.030 Permitted bags.
All retail establishments and public eating establishments shall provide or make available to a customer only recycled paper carryout bags or reusable bags for the purpose of carrying away goods or other materials from the point of sale, subject to the terms of this chapter. Nothing in this chapter prohibits customers from using bags of any type that they bring to the retail establishment or public eating establishment themselves or from carrying away goods that are not placed in a bag. (Ord. 883 § 1, 2014)
9.65.040 Regulation of recycled paper carryout bags.
A. Any retail establishment that provides a recycled paper carryout bag to a customer must charge the customer for each bag provided, except as otherwise provided in this chapter.
B. The minimum charge per recycled paper carryout bag shall initially be $0.10. The city council may increase the minimum charge up to no more than $0.25 if it finds the amount should be increased to appropriately discourage consumers from electing to use recycled paper carryout bags. All collected monies will be retained by the retail establishment.
C. All retail establishments must indicate on the customer receipt the number of recycled paper carryout bags provided and the total amount charged for the bags.
D. All retail establishments must keep records of the total number of recycled paper bags provided, the total amount of monies collected for providing recycled paper bags, and a summary of any efforts a store has undertaken to promote the use of reusable bags by customers in the prior calendar year. Such records must be made available to the city manager or his/her designee to review at any time. These records may be kept at the establishment’s corporate office. (Ord. 883 § 1, 2014)
9.65.050 Use of reusable bags.
A. All retail establishments must make reusable bags available to customers for purchase. A store may provide reusable bags to customers at no cost when combined with a time-limited store promotional program. Such events shall not exceed a total of 60 days within any consecutive 12-month period.
B. Each retail and public eating establishment is strongly encouraged to educate its staff to promote reusable bags and to post signs encouraging customers to use reusable bags. (Ord. 883 § 1, 2014)
9.65.060 Exempt customers.
A retail establishment may provide a customer participating in the California Special Supplemental Food Program for Women, Infants, and Children pursuant to Article 2 (commencing with § 123275) of Chapter 1 of Section 2 of Division 106 of the Health and Safety Code; and a customer participating in the Supplemental Food Program pursuant to Chapter 10 (commencing with § 15500) of Part 3 of Division 9 of the California Welfare and Institutions Code, with one or more recycled paper bags or reusable bags at no cost. (Ord. 883 § 1, 2014)
9.65.070 Enforcement.
A. The city manager, or his/her designee, has primary responsibility for enforcement of this chapter. The city manager, or his/her designee, is authorized to promulgate regulations and take any and all other actions reasonable and necessary to enforce this chapter.
B. If the city manager, or his/her designee, determines that a violation of this chapter has occurred, he/she will issue a written warning notice to the operator of the retail establishment or public eating establishment that a violation has occurred and the potential penalties that will apply for future violations.
C. Any retail establishment or public eating establishment that violates or fails to comply with any of the requirements of this chapter after a written warning notice has been issued for that violation shall be guilty of an infraction and may be subject to administrative citation as outlined in PHMC Chapter 1.35. (Ord. 883 § 1, 2014)
Editor’s note: Ordinance 883, Section 4, provides that the ordinance codified in this chapter shall become operative for retail and public eating establishments on February 4, 2015.