It is the intent of the County in enacting this chapter to reduce
the use of single-use plastic bags and paper bags, and encourage the
use of reusable bags by consumers and retailers. California retailers
distribute approximately nineteen billion (19,000,000,000) single-use
plastic bags every year, equating to approximately 522 bags per person.
It is estimated that less than five percent of those bags are recycled.
The bags end up in landfills, rivers, bays, oceans, and other natural
environments. Plastic bags can break down into small pieces that contaminate
soils and waterways, and can be ingested by marine life causing suffocation.
Due to their light weight, single-use plastic bags can easily become
caught in the wind, contributing to litter and visual blight. Collecting
these bags is challenging as they snag on trees and fences and are
difficult to retrieve.
While the County accepts single-use plastic bags in the curbside
recycling program, handling these bags at the recycling center is
cumbersome. The bags clog and slow sorting machines. On average, the
processor must shut down its sorting machinery six times per day to
remove tangled bags, which increases the processing cost for commingled
recyclables. By enacting this chapter, the County intends to mitigate
the negative environmental and public health impacts resulting from
single-use plastic bags, reduce litter and visual blight caused by
plastic bags, and minimize the cost and inconvenience of handling
single-use plastic bags at local recycling centers.
(SCC 1596 § 1, 2016)
As used in this chapter, the following definitions apply:
A. "Customer"
means any person purchasing goods from a store.
B. "Postconsumer
recycled material" means material that is recycled after completing
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.
C. "Product
bag" means a bag without handles, made of any material, and provided
to a customer to:
1. Transport
produce, bulk food, or meat from a produce, bulk food, or meat department
within a store to the point of sale;
2. Hold
a prescription medication dispensed from a pharmacy; or
3. Segregate
food or merchandise that could be damaged or that could damage or
contaminate other food or merchandise when placed together in one
bag.
D. "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.
E. "Recycled
paper bag" means a paper carryout bag that:
2. Contains
a minimum of 40% postconsumer recycled material;
3. Is
capable of composting, consistent with the timeline and specifications
of the American Society of Testing and Materials (ASTM) Standard D6400,
as amended from time to time;
4. Displays
the name of the manufacturer, the country where the bag was manufactured,
and the percentage of postconsumer content the bag contains; and
5. Indicates
that it is recyclable in a highly visible manner on the outside of
the bag.
F. "Reusable
bag" means a bag with handles that is specifically designed and manufactured
for multiple reuse and meets all of the following requirements:
1. Is
made of cloth, washable woven fabric, or other durable material that
is at least 2.25 mils thick;
2. Is
machine washable or capable of being cleaned and disinfected;
3. Is
capable of carrying a minimum of 22 pounds over a distance of at least
175 feet, 125 times;
4. Has
a minimum volume capacity of 15 liters;
5. Does
not contain lead, cadmium, or any other heavy metal in toxic amounts,
as defined by applicable state and federal regulations for packaging
or reusable bags; and
6. Has
printed on the bag, or on a tag that is permanently affixed to the
bag, the name of the manufacturer; the country where the bag was manufactured;
a statement that the bag does not contain lead, cadmium, or any other
heavy metal in toxic amounts; and the percentage of postconsumer recycled
materials used, if any.
G. "Single-use
plastic bag" means any bag made of plastic derived from either petroleum
or a biologically-based source, such as corn or other plant sources,
which is provided to a customer at the point of sale. The term includes
compostable and biodegradable bags. A single-use plastic bag does
not include either of the following:
1. A
bag provided by a pharmacy to a customer purchasing a prescription
medication.
2. A
nonhandled bag used to protect a purchased item from damaging or contaminating
other purchased items when placed in a recycled paper bag, a reusable
grocery bag, or a compostable plastic bag.
3. A
bag provided to contain an unwrapped food item.
4. A
nonhandled bag that is designed to be placed over articles of clothing
on a hanger.
H. "Store"
means any of the following retail establishments located within the
County:
1. A
self-service retail store with gross annual sales of $2,000,000, or
more, and which sells a line of dry grocery, canned goods, or nonfood
items and perishable items;
2. A store of at least 10,000 square feet of retail space that generates sales or use tax pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200) of Division 2 of the
Revenue and Taxation Code) and that has a pharmacy licensed pursuant to Chapter
9 (commencing with Section 4000) of Division 2 of the
Business and Professions Code; or
3. A
convenience food store, foodmart, or other entity that is engaged
in the retail sale of a limited line of goods, including milk, bread,
soda, and snack foods, and that holds a Type 20 or 21 license issued
by the Department of Alcoholic Beverage Control.
4. A
convenience food store, foodmart, or other entity that is engaged
in the retail sale of goods intended to be consumed off the premises,
and that holds a Type 20 or Type 21 license issued by the Department
of Alcoholic Beverage Control.
(SCC 1596 § 1, 2016)
Stores shall not provide a single-use plastic bag to any customer.
(SCC 1596 § 1, 2016)
Stores shall make available to customers only recycled paper
bags, reusable bags, or product 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 store themselves or
from carrying away goods that are not placed in a bag in lieu of using
bags provided by the store.
(SCC 1596 § 1, 2016)
Stores shall keep complete and accurate records, for a minimum
of three years from the date of sale, of the total number of recycled
paper bags and reusable bags provided and the total amount of monies
collected for providing recycled paper bags. Upon request by the County,
each store shall make these records available for inspection by the
County, at no cost, during regular business hours. Each store shall
make the records available at the store's retail establishment unless
the County agrees to an alternative location or method of review.
A responsible agent or officer of the store shall confirm that the
information provided is accurate and complete. Providing false or
incomplete information to the County is a violation of this section.
(SCC 1596 § 1, 2016)
If any section, subsection, paragraph or sentence of this ordinance,
or any part thereof, is for any reason found to be unconstitutional,
invalid or beyond the authority of the County of Sacramento by a court
of competent jurisdiction, such decision shall not affect the validity
or effectiveness of the remaining portions of this ordinance.
(SCC 1596 § 1, 2016)
This ordinance shall become effective July 1, 2016.
(SCC 1596 § 1, 2016)