Chapter 8.52
RETAIL BAG REGULATION

Sections:

8.52.010    Purpose and intent.

8.52.020    Definitions.

8.52.030    Requirements.

8.52.040    Exemptions.

8.52.050    Recordkeeping and inspection.

8.52.060    Penalties.

8.52.070    Effective date.

8.52.010 Purpose and intent.

The use of single-use carryout bags at retail establishments is detrimental to the environment and the public health and welfare. The manufacture and distribution of single-use carryout bags requires utilization of natural resources and results in the generation of greenhouse gas emissions. Single-use carryout bags contribute to environmental problems, including litter in storm drains, creeks, the bay and the ocean. Single-use carryout bags provided by retail establishments impose unseen costs on consumers, local governments, the state and taxpayers and constitute a public nuisance. Prohibiting retail establishments from using plastic single-use carryout bags and requiring a fee for paper bags reduces litter and benefits the environment by encouraging customers to use reusable bags. The regulations and requirements set forth in this chapter are intended to promote and protect the public health, safety, and general welfare, reduce the consumption of natural resources and the generation of greenhouse gas emissions, protect the environment, and reduce litter in the community. (Ord. 505 §1(part), 2014).

8.52.020 Definitions.

For the purposes of this chapter, the following terms shall have the meanings set forth below:

A.    A "single-use carryout bag" is defined as a bag, other than a reusable bag or recycled bag, provided at the check stand, cash register, point of sale, or other point of departure for the purpose of transporting food or merchandise out of the establishment. Single-use carryout bags do not include bags, a maximum of eleven inches (11") by seventeen inches (17"), without handles provided to the customer (1) to transport produce, bulk food or meat from a product, bulk food or meat department within a store to the point of sale; or (2) to segregate food or merchandise that could damage or contaminate other food or merchandise when placed together in a reusable bag or a recycled paper bag.

B.    A "reusable bag" is defined as a bag made of cloth or other machine washable fabric that has handles, or a durable plastic bag with handles that is at least four (4) mils thick and is specifically designed and manufactured for multiple reuse.

C.    A "recycled paper bag" is defined as a bag that contains no old growth fiber and a minimum of forty percent (40%) postconsumer recycled content, is one hundred percent (100%) recyclable, and has printed in a highly visible manner on the outside of the bag the words "reusable" and "recyclable," the name and location of the manufacturer, and the percentage of postconsumer recycled content.

D.    A "retail establishment" is defined as any commercial establishment, including farmers’ market and similar establishment, that sells perishable or nonperishable goods including, but not limited to, clothing, food, and personal items directly to the customer. (Ord. 505 §1(part), 2014).

8.52.030 Requirements.

A.    No retail establishment that sells perishable or nonperishable goods including, but not limited to, clothing, food, and personal items directly to the customer shall provide a single-use carryout bag to a customer at the check stand, cash register, point of sale or other point of departure for the purpose of transporting food or merchandise out of the establishment except as provided in this chapter.

B.    After the effective date of the ordinance codified in this chapter, a retail establishment may make available to a customer a recycled paper bag or a reusable bag but only if it charges a minimum of twenty-five cents ($0.25) for each recycled paper bag or reusable bag.

C.    When a recycled paper bag or a reusable bag is distributed to the customer, the amount of the sale of the bag shall be separately itemized on the sales receipt.

D.    A retail establishment may provide one or more recycled paper bags or reusable bags at no cost to a customer participating in the California Special Supplement Food Program for Women, Infants, and Children pursuant to Article 2 (commencing with Section 123275) of Chapter 1 of Part 2 of Division 106 of the California Health and Safety Code; a customer participating in the Supplemental Food Program pursuant to Chapter 10 (commencing with Section 15500) of Part 3 of Division 9 of the California Welfare and Institutions Code; and a customer participating in Calfresh pursuant to Chapter 10 (commencing with Section 18900) of Part 6 of Division 9 of the California Welfare and Institutions Code. (Ord. 505 §1(part), 2014).

8.52.040 Exemptions.

A.    Nonprofit charitable reusers, which are charitable organizations as defined in Section 501(c)(3) of the Internal Revenue Code of 1986, or a distinct operating unit or division of the charitable organization, that reuses and recycles donated goods or materials and receives more than fifty percent (50%) of its revenues from the handling and sale of those donated goods or materials, are not considered retail establishments for the purpose of this chapter.

B.    Wholesale agricultural produce packing and shipping businesses are not considered retail establishments for the purpose of this chapter. (Ord. 505 §1(part), 2014).

8.52.050 Recordkeeping and inspection.

All retail establishments shall keep complete and accurate records or documents of the purchase and sale of any recycled paper bag or reusable bag by the retail establishment, for a minimum period of one year from the date of purchase and sale, which record shall be available for inspection at no cost to the city during regular business hours by any city employee authorized to enforce this section. Unless the city and retail establishment mutually agree upon an alternative location or method of review, the records or documents shall be available at the retail establishment address. The provision of false information, including but not limited to incomplete records or documents, to the county shall be a violation of this section. (Ord. 505 §1(part), 2014).

8.52.060 Penalties.

A.    For the first violation of this chapter, a written warning shall be issued to the provider specifying that a violation of this chapter has occurred. The provider will have thirty (30) days to comply.

B.    Upon failure of the provider to comply within the thirty (30) day period set forth in subsection A of this section, the city may, in its discretion:

1.    Pursue enforcement of this chapter utilizing any of the remedies set forth in the city’s code enforcement process;

2.    Impose a fine in the amount of five hundred dollars ($500.00) for the first violation of this chapter, one thousand dollars ($1,000.00) for the second violation, and two thousand dollars ($2,000.00) for the third and subsequent violations; and

3.    Take any such other enforcement action authorized by law. (Ord. 505 §1(part), 2014).

8.52.070 Effective date.

To allow retail establishments an opportunity to make necessary arrangements for compliance and to use remaining stocks of plastic single-use carryout bags, retail establishments shall have six (6) months from the final passage and adoption of the ordinance codified in this chapter to comply with the regulations of this chapter. During this period, it shall be the policy of the city to encourage voluntary adherence to the requirements of this chapter. (Ord. 505 §1(part), 2014).