Chapter 5.42


5.42.010    Purpose.

5.42.020    Definitions.

5.42.030    Prohibition on use of single-use carryout bags.

5.42.040    Exceptions.

5.42.050    Violation – Penalty.

5.42.010 Purpose.

The purpose of this chapter is to reduce the generation of waste from single-use plastic carryout bags. [Ord. 19-53 § 2, 2019; Ord. 18-43(S) § 5, 2018].

5.42.020 Definitions.

In this chapter:

“Buyer” means a person who is a buyer under KPBC 5.18.900.

“Compostable” means a bag that meets either the American Society of Testing Materials (ASTM) D6400, European Standard EN13432, or Australian Standard AS4736:2006 for compostable plastics.

“Seller” means a person who is a seller under KPBC 5.18.900.

“Single-use plastic carryout bag” means a bag made from plastic that is neither intended nor suitable for continuous reuse and that is less than two and one-half mils thick, designed to carry customer purchases from the seller’s premises, except for: bags used by customers inside stores to package bulk items such as fruit, vegetables, nuts, grains, candy, or small hardware items, such as nails and bolts; bags used to contain dampness or leaks from items such as frozen foods, meat or fish, flowers or potted plants; bags used to protect prepared foods or bakery goods; bags provided by pharmacists to contain prescription drugs; newspaper bags, laundry or dry cleaning bags; or bags sold for consumer use off the seller’s premises for such purposes as the collection and disposal of garbage, pet waste, or yard waste; bags made of any material labeled as “compostable.” [Ord. 20-08(A) § 1, 2020; Ord. 19-53 § 2, 2019; Ord. 18-43(S) § 5, 2018].

5.42.030 Prohibition on use of single-use carryout bags.

No seller may provide to a buyer any single-use plastic carryout bag for the purpose of carrying a buyer’s purchased goods from the seller’s premises. [Ord. 19-53 § 2, 2019; Ord. 18-43(S) § 5, 2018].

5.42.040 Exceptions.

Inventories of single-use plastic carryout bags purchased before January 1, 2020, may continue to be used by sellers and provided to customers after January 1, 2020, until all such inventories of single-use plastic carryout bags are completely used in the course of regular business operations, or September 15, 2020, whichever comes first. Sellers providing single-use plastic carryout bags under this exception between January 1, 2020, and September 15, 2020, must be willing and able to provide documentation that such bags were purchased on or before December 9, 2019. [Ord. 20-14 § 1, 2020; Ord. 19-53 § 2, 2019; Ord. 18-43(S) § 5, 2018].

5.42.050 Violation – Penalty.

The penalty for an offense in this chapter is the fine listed in the fine schedule in HCC 1.16.040. If no fine is listed for the offense in HCC 1.16.040, then the defendant must appear in court and, if convicted, is subject to the general penalty as provided in HCC 1.16.010 unless another penalty is specifically provided. [Ord. 19-53 § 2, 2019; Ord. 18-43(S) § 5, 2018].