Chapter 5.12
CARRYOUT BAGS
Sections:
5.12.020 Plastic carryout bags prohibited.
5.12.040 Regulation of recycled paper carryout bags.
5.12.050 Use of reusable bags.
5.12.070 Enforcement and violation—Penalty.
5.12.090 No conflict with federal or state law.
Code reviser’s note: Ordinance 2013-009 shall become operative on January 1, 2014, and shall be enforced beginning July 1, 2014.
5.12.010 Definitions.
The following definitions apply to this chapter:
“Carryout bag” means a bag other than a reusable 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. Carryout bags do not include bags without handles provided to the customer to transport produce, bulk food or meat from a produce, bulk food or meat department within a store to the point of sale.
“Customer” means any person purchasing goods from a retail establishment.
“Nonprofit charitable reuser” means a charitable organization, 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 of its revenues from the handling and sale of those donated goods or materials.
“Operator” means the person in control of, or having the responsibility for, the operation of a retail establishment, which may include, but is not limited to, the owner of the retail 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, which is provided to a customer at the point of sale. Plastic bags include compostable and biodegradable bags but do not include reusable 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. Prepared food does not include any raw, uncooked meat product or fruits or vegetables which are chopped, squeezed or mixed.
“Produce bag” or “product 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.
“Public eating establishment” means a restaurant, take-out food establishment, or any other business that receives ninety percent 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 purpose 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 bag” means a paper 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 and that meets all of the following requirements: (1) contains no old growth fiber; (2) is one hundred percent recyclable overall and contains a minimum of forty percent postconsumer recycled material; (3) displays the words “Reusable and Recyclable” in a highly visible manner on the outside of the bag; and displays (4) the percentage of postconsumer recycled material used and (5) the name and location of the manufacturer.
“Retail establishment” means any commercial establishment that sells perishable and nonperishable goods including, but not limited to, clothing, food and personal items directly to the customer and is located within or doing business within the geographical city/county limits of the city of San Pablo. Retail establishments do not include public eating establishments or nonprofit charitable reusers.
“Reusable bag” means a bag with handles that is specifically designed and manufactured for multiple reuse and meets all of the following requirements: (1) has a minimum lifetime of one hundred twenty-five uses, which, for purposes of this definition, means the capability of carrying a minimum of twenty-two pounds one hundred twenty-five times over a distance of at least one hundred seventy-five 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 at least 2.25 mils thick.
“Single-use carryout bag” means a bag other than a reusable 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 without handles provided to the customer to transport produce, bulk food or meat from a produce, bulk food or meat department within a store to the point of sale. (Ord. 2013-009 § 1 (part))
5.12.020 Plastic carryout bags prohibited.
A. No retail establishment 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. 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. (Ord. 2013-009 § 1 (part))
5.12.030 Permitted bags.
All retail 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 themselves or from carrying away goods that are not placed in a bag, in lieu of using bags provided by the store. (Ord. 2013-009 § 1 (part))
5.12.040 Regulation of recycled paper carryout bags.
A. Any retail establishment that provides a recycled paper carryout bag or reusable bag to a customer must charge the customer a minimum charge of five cents for each bag provided, except as otherwise provided in this chapter.
B. Two years after this chapter is enacted, any retail establishment that provides a recycled paper carryout bag or reusable bag to a customer must charge the customer a minimum charge of ten cents for each bag provided, except as otherwise provided in this chapter.
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 monies collected by a retail establishment under this chapter will be retained by the retail establishment and may be used for any of the following purposes:
1. Costs associated with complying with the requirements of this chapter;
2. Actual costs of providing recycled paper carryout bags;
3. Costs associated with a retail establishment’s educational materials or education campaign encouraging the use of reusable bags, if any;
4. Fund reusable bag giveaways during limited-time store promotions. (Ord. 2013-009 § 1 (part))
5.12.050 Use of reusable bags.
A. All retail establishments must provide reusable bags to customers, either:
1. For sale; or
2. At a minimum charge of ten cents per bag during limited-time store promotions;
3. Reusable bag giveaway events approved by the city manager are exempt from the requirements of this section, provided such events are intended to promote the use of reusable bags and do not exceed a total of ninety days in any consecutive twelve-month period.
B. Each retail establishment is strongly encouraged to educate its staff to promote reusable bags and to post signs encouraging customers to use reusable bags. (Ord. 2013-009 § 1 (part))
5.12.060 Exempt customers.
A retail establishment may provide at the point of sale, free of charge, either reusable bags or recycled paper carryout bags or both, at the retail establishment’s option, to any customer participating either in the California Special Supplemental 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 Health and Safety Code or in the Supplemental Food Program pursuant to Chapter 10 (commencing with Section 15500) of Part 3 of Division 9 of the Welfare and Institutions Code, the State Department of Social Services Food Stamp program, or other government-subsidized purchase programs for low-income residents. (Ord. 2013-009 § 1 (part))
5.12.070 Enforcement and violation—Penalty.
A. The city manager or designee is authorized to promulgate regulations and to take any and all other actions reasonable and necessary to enforce this chapter, including, but not limited to, investigating violations, issuing fines and entering the premises of any retail establishment during business hours. Other city staff may assist with this enforcement responsibility by entering the premises of a retail establishment as part of their regular inspection functions and reporting any alleged violations to the city manager or designee.
B. Any retail establishment that violates or fails to comply with any of the requirements of this chapter shall be guilty of an infraction.
C. Violation or failure to comply with the provisions of this chapter shall also be subject to the penalty procedures set forth in Chapter 1.10, and the operator of the retail establishment shall be liable to the city for the amounts set forth in that chapter. The use of such procedure is nonexclusive; the city may use any and all other civil, administrative or criminal enforcement procedures to gain compliance with the requirements of this chapter.
D. All fines collected pursuant to this chapter shall be deposited in the city’s environmental programs fund or any similar fund. (Ord. 2013-009 § 1 (part))
5.12.080 Severability.
If any section, subsection, sentence, clause, or phrase of this chapter is for any reason held to be invalid by a decision of any court of competent jurisdiction, that decision will not affect the validity of the remaining portions of this chapter. The city council hereby declares that it would have passed the ordinance codified in this chapter and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of this chapter would be subsequently declared invalid. (Ord. 2013-009 § 1 (part))
5.12.090 No conflict with federal or state law.
Nothing in this chapter is intended to create any requirement, power or duty that is in conflict with any federal or state law. (Ord. 2013-009 § 1 (part))
5.12.100 Effective date.
This chapter shall become operative on January 1, 2014, and shall be enforced beginning July 1, 2014. (Ord. 2013-009 § 1 (part))