8.06.010    Purpose and intent.

8.06.020    Definitions.

8.06.030    Implementation.

8.06.040    Compliance.

8.06.010 Purpose and intent.

A.    The purpose of this chapter is to reduce the number of single-use bags in the city of Lacey waste stream. (Ord. 1429 §1 (part), 2014).

8.06.020 Definitions.

For purposes of this section, the following definitions apply:

A.    “Carryout bag” means a bag that is provided by a retail establishment at the check stand, cash register, point of sale or other point of departure to a customer for the purpose of transporting food or merchandise out of the establishment. Carryout bags do not include:

1.    Bags used by customers inside stores to package bulk items such as fruit, vegetables, nuts, grains, candy, greeting cards, or small hardware items, such as nails and bolts, or to contain or wrap frozen foods, meat or fish, whether prepackaged or not, or to contain or wrap flowers or potted plants, or other items where dampness may be a problem, or to contain unwrapped prepared foods or bakery goods, or to contain prescription drugs or durable medical equipment, or to safeguard public health and safety during the transportation of prepared take-out foods and prepared liquids intended for consumption away from the retail establishment; or

2.    Newspaper bags, door-hanger bags, laundry-dry cleaning bags, or bags sold in packages containing multiple bags intended for use as garbage, pet waste, or yard waste bags.

B.    “Pass-through charge” means a charge to be collected by retailers from their customers when providing recyclable paper bags, and retained by retailers to offset the cost of bags and other costs related to the pass-through charge.

C.    “Recyclable paper bag” means a paper carryout bag that has a manufacturer’s stated capacity of one-eighth barrel (eight hundred eighty-two cubic inches) or larger and meets the following requirements: (a) contains an average of forty percent recycled materials, and (b) displays the percent of recycled content on the outside of the bag.

D.    “Retail establishment” means any person, corporation, partnership, business venture, public sports or entertainment facilities, government agency, street vendor or vendor at public events or festivals or organizations that sell or provide merchandise, goods or materials including, without limitation, clothing, food, beverages, household goods, or personal items of any kind directly to a customer. Examples include but are not limited to department stores, clothing stores, jewelry stores, grocery stores, pharmacies, home improvement stores, liquor stores, convenience stores, gas stations, restaurants, food vending trucks, farmers markets and temporary vendors of food and merchandise at street fairs and festivals. Food banks and other food assistance programs are not considered to be retail establishments for the purposes of this section.

E.    “Single-use plastic carryout bag” means any carryout bag made from plastic or any material marketed or labeled as “biodegradable” or “compostable” that is neither intended nor suitable for continuous reuse as a carryout bag or that is less than 2.25 mils thick. (Ord. 1429 §1 (part), 2014).

8.06.030 Implementation.

A.    No retail establishment in the city of Lacey shall provide a single-use plastic carryout bag to any customer.

B.    No retail establishment in the city of Lacey shall provide a paper carryout bag with a manufacturer’s stated capacity of one-eighth barrel (eight hundred eighty-two cubic inches) or larger that is not a recyclable paper bag, and retail establishments shall collect a pass-through charge of not less than $0.05 for each recyclable paper carryout bag provided to customers. It shall be a violation of this section for any retail establishment to pay or otherwise reimburse a customer for any portion of the pass-through charge; provided, that retail establishments may not collect a pass-through charge from anyone with a voucher or electronic benefits card issued under the Women, Infants and Children (WIC) or Temporary Assistance to Needy Families (TANF) support programs, or the federal Supplemental Nutrition Assistance Program (SNAP, also known as Basic Food), or the Washington State Food Assistance Program (FAP).

C.    All retail establishments shall indicate on the customer transaction receipt, if any, the number of recyclable paper carryout bags provided and the total amount of the pass-through charge. (Ord. 1429 §1 (part), 2014).

8.06.040 Compliance.

A.    Designation of Enforcement Officer. Thurston County Environmental Health is authorized to enforce this chapter.

B.    Upon a first violation of any part of this chapter, a duly designated enforcement officer of Thurston County Environmental Health may issue a notice of violation to the offending person or business. The notice of violation shall contain the date of and alleged type of violation. The notice of violation shall be regarded as a warning and no other sanctions shall be implemented. Notice shall be served upon the premises to the highest ranking employee currently on duty at the time of delivery.

C.    If after the issuance of a notice of violation the enforcement officer becomes aware of subsequent noncompliance, Thurston County Environmental Health has the authority to issue a civil infraction. Any subsequent violation of this chapter shall be designated as a Class 1 civil infraction. Each day of any such violation is a separate civil infraction; a notice of infraction may be issued for each day of any such violation, however the enforcement officer is not required to issue a notice of infraction for each day of such violation. Civil infractions shall be heard and determined according to Chapter 7.80 RCW as amended, and any applicable court rules.

D.    It shall be a violation of this chapter for any retail establishment to penalize, discipline, or discriminate against any employee for performing any duty necessary to comply with this chapter. (Ord. 1429 §1 (part), 2014).