The city council finds and determines that:
(a) The
use of single-use carryout bags by consumers at retail establishments
is detrimental to the environment, public health and welfare.
(b) The
manufacture and distribution of single-use carryout bags requires
utilization of natural resources and results in the generation of
greenhouse gas emissions.
(c) Single-use
carryout bags contribute to environmental problems, including litter
in storm drains, creeks, the bay and the ocean.
(d) Single-use
carryout bags provided by retail establishments impose unseen costs
on consumers, local governments, the state and taxpayers and constitute
a public nuisance. This city council does, accordingly, find and declare
that it should restrict the use of single use carry-out bags.
(Ord. 1459 § 1, 2012)
“Customer”
means any person obtaining goods from a retail establishment.
“Garment bag”
means a travel bag made of pliable, durable material with
or without a handle, designed to hang straight or fold double and
used to carry suits, dresses, coats, or the like without crushing
or wrinkling the same.
“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.
“Person”
means any natural person, firm, corporation, partnership,
or other organization or group however organized.
“Prepared food”
means foods or beverages which are prepared on the 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.
“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.
“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 that contains no old
growth fiber and a minimum of forty percent post-consumer recycled
content; is one hundred percent 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 post-consumer recycled content.
“Retail establishment”
means any commercial establishment that sells perishable
or 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 limits of the city of South
San Francisco. “Retail establishment” does not include
public eating establishments or nonprofit charitable reusers.
“Reusable bag”
means either a bag made of cloth or other machine washable
fabric that has handles, or a durable plastic bag with handles that
is at least 2.25 mil thick and is specifically designed and manufactured
for multiple reuse. A garment bag may meet the above criteria regardless
of whether it has handles or not.
“Single-use carry-out bag”
means a bag other than a reusable bag provided at the check
stand, cash register, point of sale or other point of departure, including
departments within a store, for the purpose of transporting food or
merchandise out of the establishment. “Single-use carry-out
bags” do not include bags without handles provided to the customer:
(1) to transport prepared food, produce, bulk food or meat from a
department within a store to the point of sale; (2) to hold prescription
medication dispensed from a pharmacy; or (3) to segregate food or
merchandise that could damage or contaminate other food or merchandise
when placed together in a reusable bag or recycled paper bag.
(Ord. 1459 § 1, 2012)
The provisions of this chapter shall not be implemented until
April 22, 2013.
(Ord. 1459 § 1, 2012)
Every retail establishment shall keep complete and accurate
record or documents of the purchase and sale of any recycled paper
bag or reusable bag by the retail establishment, for a minimum period
of three years from the date of purchase and sale, which record shall
be available for inspection at no cost to the city or San Mateo County
environmental health division during regular business hours by any
city or San Mateo County environmental health division employee authorized
to enforce this section. Unless an alternative location or method
of review is mutually agreed upon, the records or documents shall
be available at the retail establishment address. The provision of
false information including incomplete records or documents to the
city or San Mateo County environmental health division shall be a
violation of this chapter.
(Ord. 1459 § 1, 2012)
If any provision of this chapter or the application of such
provision to any person or in any circumstances shall be held invalid,
the remainder of this chapter, or the application of such provision
to person or in circumstances other than those as to which it is held
invalid, shall not be affected thereby.
(Ord. 1459 § 1, 2012)