The following definitions apply to this chapter:
Customer.
Any person purchasing goods from a store.
Operator.
The person in control of, or having the responsibility for,
the operation of a store, which may include, but is not limited to,
the owner of the store.
Person.
Any natural person, firm, corporation, partnership, or other
organization or group however organized.
Plastic carryout bag.
Any bag made predominantly of plastic derived from either
petroleum, 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 carryout bag" includes compostable and biodegradable
bags but does not include reusable bags, produce bags, or product
bags.
Post-consumer recycled material.
A material that would otherwise be destined for solid waste
disposal, having completed its intended end use and product life cycle.
"Post-consumer recycled material" does not include materials and by-products
generated from, and commonly reused within, an original manufacturing
and fabrication process.
Produce bag or product bag.
Any bag without handles used exclusively to carry produce,
meats, or other food items from a display case within a store to the
point of sale inside a store or to prevent such food items from coming
into direct contact with other purchased items.
Recyclable.
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.
Recyclable paper carryout bag.
A paper bag (of any size) that meets all of the following
requirements: (1) contains no old growth fiber; (2) is 100% recyclable
overall and contains a minimum of 40% post-consumer recycled material;
(3) is capable of composting, consistent with the timeline and specifications
of the American Society of Testing and Materials (ASTM) Standard D6400;
(4) is accepted for recycling in curbside programs in the City; (5)
has printed on the bag the name of the manufacturer, the location
(country) where the bag was manufactured, and the percentage of post-consumer
recycled material used; and (6) displays the word "Recyclable" in
a highly visible manner on the outside of the bag.
Reusable bag.
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 125 uses, which for purposes of this subsection
means the capability of carrying a minimum of 22 pounds 125 times
over a distance of at least 175 feet; (2) has a minimum volume of
15 liters; (3) is machine washable or is made from a material that
can be cleaned or disinfected; (4) does not contain lead, cadmium,
or any other heavy metal in toxic amounts; (5) has printed on the
bag, or on a tag that is permanently affixed to the bag, the name
of the manufacturer, the location (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 post-consumer
recycled material used, if any; and (6) if made of plastic, is a minimum
of at least 2.25 mils thick.
Store.
Any of the following retail establishments located and operating
within the City:
1.
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 which sells a line of dry
grocery or canned goods, or non-food items together with some perishable
food items or a store that has a pharmacy licensed pursuant to Chapter
9 (commencing with Section 4000) of Division 2 of the Business and
Professions Code; or
2.
A drug store, pharmacy, supermarket, grocery store, convenience
food store, food mart, or other similar retail store or entity engaged
in the retail sale of a limited line of grocery items or goods which
typically includes, but is not limited to, milk, bread, soda, and
snack foods, including those stores with a Type 20 or 21 liquor license
issued by the state Department of Alcoholic Beverage Control.
(Ord. 5636, 2013)
All stores shall provide or make available to a customer only
recyclable 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 which the customer may 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.
(Ord. 5636, 2013)
All stores must provide at the point of sale, free of charge,
either reusable bags or recyclable paper carryout bags or both, at
the store'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 state Welfare and Institutions
Code.
(Ord. 5636, 2013)
A. Administrative
Enforcement. The Sustainability and Resilience Department has primary
responsibility for enforcement of this chapter. The Sustainability
and Resilience Director is authorized to promulgate departmental regulations
to assist stores in understanding and in complying with this chapter
and to take any and all other actions reasonable and necessary to
enforce and interpret this chapter.
B. Regulations on Free Reusable Bags. If determined to be appropriate and necessary, the Sustainability and Resilience Director may adopt regulations restricting or limiting the ability of those stores defined in Section
9.150.010 to offer customers free reusable bags as a promotional item.
(Ord. 5636, 2013; Ord. 6095, 2022)
For those stores identified in paragraph 1 of the definition of "store" in Section
9.150.010, this chapter shall become operative 180 days after the effective date of the City ordinance adopting this chapter. For stores identified in paragraph 2 of the definition of "store" in Section
9.150.010, this chapter shall become operative one year after the effective date of the City ordinance adopting this chapter.
(Ord. 5636, 2013)