Chapter 7
REDUCING SINGLE-USE PLASTIC CARRYOUT BAGS
Sections:
6-7.102 Ban on single-use plastic carryout bags—Store charge for recycled paper carryout bags.
6-7.1021 Recyclability requirements for recycled paper carryout bags.
6-7.104 Exemptions allowing single-use plastic bags.
6-7.106 No conflict with Federal or State law.
6-7.100 Intent and finding.
The Watsonville City Council finds and declares that:
(a) The City of Watsonville makes the following findings:
(1) In June 2012, the City of Watsonville passed its first bag reduction ordinance to eliminate certain types of plastic carryout bags in the City and to encourage reusable bags to reduce waste and to protect the environment from plastic pollution.
(2) In April of 2014, the City of Watsonville updated its bag reduction ordinance to further implement bag reduction mandates.
(3) In November 2016, California voters approved Proposition 67, a Statewide referendum to uphold Senate Bill 270 that banned single-use carryout bags. As a result, most grocery stores, retail stores with a pharmacy, convenience food stores, foodmarts, and liquor stores no longer provide single-use, lightweight, plastic carryout bags to their customers at the point of sale.
(4) Senate Bill 270 allowed the use of thicker film plastic carryout bags that were deemed reusable if they met specified standards. These thicker film plastic carryout bags were not generally reused by consumers and resulted in an increased amount of plastic and plastic waste.
(5) Senate Bill 1053 bans thicker plastic bags at grocery checkouts starting January 1, 2026, closing a loophole in the original bag ban to reduce plastic waste, and requires retailers to offer paper bags (with increasing recycled content) for a ten ($0.10) cent fee, encouraging reusable bags but allows for jurisdictions to adopt stricter standards.
(b) It is the intent of this chapter to:
(1) Support and reflect the will of City of Watsonville residents and California voters to ban the distribution of film plastic carryout bags at stores.
(2) Incentivize California consumers to bring their own reusable bag for carrying out store purchases, with stores encouraging and supporting this practice, which will reduce the costly and wasteful practice of relying on store-provided carryout bags.
(3) Support sustainable and thriving communities and natural environments that are not burdened with pollution from plastic production nor littered with plastic waste.
(4) Eliminate film plastic carryout bags from grocery store distribution and increase the recycling of paper carryout bags.
(5) Reduce the proliferation of plastic pollution by eliminating the existing provisions of law that allow film plastic carryout bags to be distributed as reusable bags under the City’s and the State’s bag bans.
(§ 1, Ord. 1284-12 (CM), eff. June 7, 2012; amended by § 2 (Exh. A), Ord. 1485-26 (CM), eff. March 12, 2026)
6-7.101 Definitions.
For the purposes of this chapter, certain words and phrases used are defined as follows:
(a) “Carryout bags” shall mean bags provided by retailers to customers at the point of sale to hold customers’ purchases. “Carryout bags” does not include bags used to contain loose items prior to checkout, such as meat, produce, and bulk goods, and does not include prepackaged products.
(b) “Film plastic” or “plastic film” shall mean thin continuous polymetric material that can be made from a variety of plastic resins. Common resins used include polyethylene (PE), polypropylene (PP), polyethylene terephthalate (PET), and polyvinyl chloride (PVC).
(c) “Single-use plastic bag” shall mean a single-use carryout bag of any size that is made from film plastic and provided at the point of sale to customers by a retail establishment that is not a recycled paper bag or a reusable bag.
(d) “Recycled paper bag” shall mean a paper carryout bag that contains a minimum of forty (40%) percent post-consumer recycled paper. By January 1, 2028, a recycled paper bag must contain at least fifty (50%) percent post-consumer recycled paper.
(e) “Recyclable” shall mean material that can be sorted, cleansed, and reconstituted using the County’s 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 destroying solid waste.
(f) “Reusable bag” shall mean any bag with handles that is specifically designed and manufactured for at least one hundred twenty-five (125) uses with a volume of at least fifteen (15) liters, and is either (1) made of cloth or other washable woven fabric, or (2) made of durable material that can be disinfected. A “reusable bag” may be made of recycled plastic such as high density polyethylene (HDPE), low density polyethylene (LDPE), or polypropylene, but cannot be made from film plastic.
(g) “Retail establishment” or “retail store” shall mean all sales outlets, stores, shops, restaurants, vehicles, or other places of business located within the City of Watsonville, which operate primarily to sell or convey goods, including “to go” food, directly to the ultimate consumer.
(h) “Exempted uses” shall mean those point-of-purchase or delivery sales which have received an exemption under Section 6-7.104 that allows the use of single-use plastic bags.
(i) “Prepared food” shall mean any food or beverage prepared on the premises of a restaurant or retail food vendor by way of cooking, chopping, slicing, mixing, freezing, or squeezing, and requiring no further preparation or action by the ultimate consumer to be consumed. “Prepared food” shall not include any raw uncooked meat, or fruits and vegetables which are not chopped, squeezed, or mixed.
(j) “Take-out food” shall mean prepared food or beverages that require no further preparation or action by the ultimate consumer to be consumed, and are generally purchased to be consumed off the restaurant’s or retail food vendor’s premises.
(k) “Director” or “Director of Public Works and Utilities” refers to the Public Works and Utilities Director or their designee.
(§ 1, Ord. 1284-12 (CM), eff. June 7, 2012, as amended by § 1, Ord. 1302-14 (CM), eff. April 24, 2014; § 2 (Exh. A), Ord. 1485-26 (CM), eff. March 12, 2026)
6-7.102 Ban on single-use plastic carryout bags—Store charge for recycled paper carryout bags.
(a) Retail establishments are prohibited from providing single-use plastic carryout bags to customers at the point of sale, except as permitted in this chapter.
(b) Retail establishments shall charge a minimum twenty-five ($0.25) cent fee for each recycled paper carryout bag provided to customers at the point of sale.
(c) The charge imposed pursuant to this section shall not be applied to customers participating in the California Special Supplemental Food Program for Women, Infants, and Children, the State Department of Social Services Food Stamp program, or other government-subsidized purchase programs for low-income residents.
(d) Notwithstanding the charging requirements set forth in subsection (b) of this section, recycled paper carryout bags may be distributed without charge by restaurants for the transportation of food or beverages that are provided to customers for consumption on the premises, for take-out, or by delivery.
(e) The ban on single-use plastic bags and the charge on recycled paper carryout bags does not apply to compostable plastic or paper bags used to protect produce, meat, or otherwise used to protect items as they are put into a carryout bag at checkout, such as paper bags to protect bottles, compostable plastic bags around ice cream or other wet items, paper bags used to weigh candy, paper pharmacy bags or paper bags to protect greeting cards.
(f) Retail establishments are strongly encouraged to make reusable bags available for sale to customers at a reasonable price. Reusable bags which meet the requirements of this chapter may be distributed without charge during limited-duration promotional events.
(g) Retail establishments shall indicate on the customer transaction receipt the number of recycled paper carryout bags provided, and the total amount charged for those bags.
(h) City of Watsonville contractors and special events promoters and their vendors shall not provide single-use plastic carryout bags to participants while performing pursuant to a City of Watsonville contract or permit.
(§ 1, Ord. 1284-12 (CM), eff. June 7, 2012, as amended by § 1, Ord. 1302-14 (CM), eff. April 24, 2014; § 2 (Exh. A), Ord. 1485-26 (CM), eff. March 12, 2026)
6-7.1021 Recyclability requirements for recycled paper carryout bags.
Until January 1, 2028, recycled paper carryout bags provided to customers shall contain a minimum of forty (40%) percent post-consumer recycled paper fiber. On and after January 1, 2028, recycled paper carryout bags shall contain a minimum of fifty (50%) percent post-consumer recycled paper fiber. All recycled paper carryout bags must be recyclable in the City of Watsonville’s curbside recycling program.
(§ 2 (Exh. A), Ord. 1485-26 (CM), eff. March 12, 2026)
6-7.103 Implementation.
(a) Thirty (30) days before the ordinance codified in this chapter takes effect, the City of Watsonville shall post, mail or deliver a copy of it to retail establishments within the City of Watsonville.
(b) The City of Watsonville will distribute to each store a reproducible placard designed to inform shoppers of the City of Watsonville regulations concerning carryout bags.
(§ 1, Ord. 1284-12 (CM), eff. June 7, 2012; as amended by § 2 (Exh. A), Ord. 1485-26 (CM), eff. March 12, 2026)
6-7.104 Exemptions allowing single-use plastic bags.
(a) The Director of Public Works, or the director’s designee, may exempt a retail establishment from the requirement set forth in Section 6-7.102 for a one (1) year period upon the retail establishment showing, in writing, that this chapter would create an undue hardship or practical difficulty not generally applicable to other persons in similar circumstances. The decision to grant or deny an exemption shall be in writing, and the Director’s or the Director’s designee’s decision shall be final.
(b) An exemption application shall include all information necessary for the Director of Public Works or the Director’s designee to make a decision, including but not limited to documentation showing factual support for the claimed exemption.
(c) The Director of Public Works or Director’s designee may approve the exemption application in whole or in part, with or without conditions.
(§ 1, Ord. 1284-12 (CM), eff. June 7, 2012; as amended by § 2 (Exh. A), Ord. 1485-26 (CM), eff. March 12, 2026)
6-7.105 Violations.
(a) The Director of Public Works, or designee, shall have primary responsibility for enforcement of this chapter and shall have authority to issue citations for violation of this chapter. The Director, or designee, is authorized to establish regulations or administrative procedures to ensure compliance with this chapter.
(b) Violation of this chapter is hereby declared to be a public nuisance. Any violation described in subsection (a) of this section shall be subject to abatement by the City of Watsonville, as well as any other remedies that may be permitted by law for public nuisances, and may be enforced by injunction, upon a showing of violation.
(c) A violation of this chapter is an infraction.
(d) The City of Watsonville may enforce the provisions of this chapter under Chapter 1-2.
(e) Upon a first violation by a retail establishment, the Public Works and Utilities Director or designee shall mail the establishment a written warning. The warning shall recite the violation and advise that future violations may result in fines.
(f) The Public Works and Utilities Director may inspect any retail establishment’s premises to verify compliance with this chapter.
(§ 1, Ord. 1284-12 (CM), eff. June 7, 2012; as amended by § 2 (Exh. A), Ord. 1485-26 (CM), eff. March 12, 2026)
6-7.106 No conflict with Federal or State law.
Nothing in this chapter shall be interpreted or applied so as to create any requirement, power, or duty in conflict with any Federal or State law.
(§ 2 (Exh. A), Ord. 1485-26 (CM), eff. March 12, 2026)