Campbell Municipal Code Ch. 6.20 Reusable Bags

The City Council finds and determines that:

(1) The use of single-use, carryout bags by consumers at retail establishments is detrimental to the environment, public health, and welfare.

(2) The manufacture and distribution of single-use, carryout bags requires utilization of natural resources and results in the generation of greenhouse gas emissions.

(3) Single-use, carryout bags contribute to environmental problems, including litter in storm drains, creeks, the bay, and the ocean.

(4) Single-use, carryout bags provided by retail establishments impose unseen costs on consumers, local governments, the state, and taxpayers, and constitute a public nuisance.

The City Council of Campbell does, accordingly, find and declare that it should restrict the use of single-use, carryout bags.

The City has a substantial interest in protecting its residents and the environment from negative impacts from plastic carryout bags.

(Ord. No. 2171, § 1, 7-16-2013)

As used in this Chapter, the following terms shall have the following meaning, unless the context clearly requires a different interpretation:

"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 Sec. 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 (50%) 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 (90%) 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 (40%) postconsumer recycled content; is one hundred percent (100%) 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 postconsumer 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 Mountain View. "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, carryout 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, carryout 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. No. 2171, § 1, 7-16-2013)

(a) No retail establishment shall provide a single-use carryout bag to a customer 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, except as provided in this section.

(b) Effective January 27, 2014, a retail establishment may only make recycled paper bags or reusable bags available to customers if the retailer charges a minimum of ten cents per bag.

(c) Notwithstanding this section, no retail establishment may make available for sale a recycled paper bag or a reusable bag unless the amount of the sale of such bag is separately itemized on the sales receipt.

(d) A retail establishment may provide one or more recycled paper bags at no cost to any of the following individuals: a customer participating in the California Special Supplemental Food Program for Women, Infants, and Children pursuant to Article 2 (commencing with Sec. 123275 of Chapter 1 of part 2 of Division 106 of the Health and Safety Code; a customer participating in the Supplemental Food Program pursuant to Chapter 10 (commencing with Sec. 15500) of Part 3 of Division 9 of the California Welfare and Institutions code; and a customer participating in Calfresh pursuant to Chapter 10 (commencing with Sec.18900) of Part 6 of Division 9 of the California Welfare and Institutions Code.

(Ord. No. 2171, § 1, 7-16-2013; Ord. No. 2186, § 1, 12-2-2014)

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 (3) years from the date of purchase and sale, which record shall be available for inspection at no cost to the City during regular business hours by any City employee authorized to enforce this part. 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, shall be a violation of this Chapter.

(Ord. No. 2171, § 1, 7-16-2013)