Culver City Municipal Code Ch. 11.16 Plastic Carryout Bag Regulations

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 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.

POSTCONSUMER RECYCLED MATERIAL. A material that would otherwise be destined for solid waste disposal, having completed 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.

PRODUCE BAG or PRODUCT BAG. Any bag without handles used exclusively to carry produce, meats, or other food items 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 that meets all of the following requirements: (1) contains no old growth fiber, (2) is one hundred percent (100%) recyclable overall and contains a minimum of forty percent (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 postconsumer 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 postconsumer 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 within the incorporated area of Culver City:

1. A full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, that sells a line of dry grocery, canned goods, or nonfood items and some 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 drug store, pharmacy, supermarket, grocery store, convenience food store, foodmart, or other entity engaged in the retail sale of a limited line of goods that includes milk, bread, soda, and snack foods, including those stores with a Type 20 or 21 license issued by the Department of Alcoholic Beverage Control.

(Ord. No. 2013-006 § 1)

A. No store shall provide to any customer a plastic carryout bag.

B. This prohibition applies to bags provided for the purpose of carrying away goods from the point of sale and does not apply to produce bags or product bags.

(Ord. No. 2013-006 § 1) Penalty, see § 11.16.040

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 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.

(Ord. No. 2013-006 § 1)

A. Any store that provides a recyclable paper carryout bag to a customer must charge the customer at least 10 cents ($0.10) for each bag provided, except as otherwise provided in this Chapter.

B. The City Council may, by resolution, change the minimum charge for a recyclable paper carryout bag, so long as the minimum charge does not go below the charge set forth in Subsection A.

C. No store shall rebate or otherwise reimburse a customer any portion of the minimum charge required in Subsection A, except as otherwise provided in this Chapter.

D. All stores must post signage clearly indicating the per bag charge for recyclable paper carryout bags.

E. All stores must indicate on the customer receipt the number of recyclable paper carryout bags provided and the total amount charged for the bags.

F. All monies collected by a store under this Chapter will be retained by the store and may be used only for any of the following purposes: (1) costs associated with complying with the requirements of this Chapter, (2) actual costs of providing recyclable paper carryout bags, or (3) costs associated with a store’s educational materials or education campaign encouraging the use of reusable bags, if any.

G. All stores must keep records of the total number of recyclable paper carryout bags provided, the total amount of monies collected for providing recyclable paper carryout bags, and a summary of any efforts a store has undertaken to promote the use of reusable bags by customers in the prior calendar year. Such records must be made available for the Director of Public Works or his/her designee to review at any time.

(Ord. No. 2013-006 § 1)

A. All stores must provide reusable bags to customers, either for sale or at no charge.

B. Each store is strongly encouraged to educate its staff to promote reusable bags and to post signs encouraging customers to use reusable bags.

(Ord. No. 2013-006 § 1)

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 Welfare and Institutions Code.

(Ord. No. 2013-006 § 1)

This Chapter shall become operative six (6) months after its effective date for stores defined in divisions (1) and (2) under the definition of “store” in § 11.16.010. For stores defined in division (3) under the definition of “store” in § 11.16.010, this Chapter shall become operative twelve (12) months after its effective date.

(Ord. No. 2013-006 § 1)

A. The Director of Public Works has primary responsibility for enforcement of this Chapter. The Director of Public Works is authorized to promulgate regulations and to take any and all other actions reasonable and necessary to enforce this Chapter, including, but not limited to, investigating violations, issuing fines and entering the premises of any store during business hours.

B. If the Director of Public Works determines that a violation of this Chapter has occurred, he/she will issue a written warning notice to the operator of a store that a violation has occurred and the potential penalties that will apply for future violations.

C. Any store that violates or fails to comply with any of the requirements of this Chapter after a written warning notice has been issued for that violation shall be guilty of an infraction.

D. If a store has subsequent violations of this Chapter that are similar in kind to the violation addressed in a written warning notice, the following penalties will be imposed and shall be payable by the operator of the store:

1. A fine not exceeding one hundred dollars ($100.00) for the first violation after the written warning notice is given;

2. A fine not exceeding two hundred dollars ($200.00) for the second violation after the written warning notice is given; or

3. A fine not exceeding five hundred dollars ($500.00) for the third and any subsequent violations after the written warning notice is given.

E. A fine shall be imposed for each day a violation occurs or is allowed to continue.

F. Any store operator who receives a written warning notice or fine may request an administrative review of the accuracy of the determination or the propriety of any fine issued, by filing a written notice of appeal with the Director of Public Works no later than 30 days after receipt of a written warning notice or fine, as applicable. The notice of appeal must include all facts supporting the appeal and any statements and evidence, including copies of all written documentation and a list of any witnesses, that the appellant wishes to be considered in connection with the appeal. The appeal will be heard by the Director of Public Works. The Director of Public Works will conduct a hearing concerning the appeal within 45 days from the date that the notice of appeal is filed, or on a later date if agreed upon by the appellant and the Director of Public Works, and will give the appellant 10 days prior written notice of the date of the hearing. The Director of Public Works may sustain, rescind, or modify the written warning notice or fine, as applicable, by written decision. The Director of Public Works will have the power to waive any portion of the fine in a manner consistent with the decision. The decision of the Director of Public Works is final and effective on the date of service of the written decision, is not subject to further administrative review, and constitutes the final administrative decision.

(Ord. No. 2013-006 § 1)

Nothing in this Chapter is intended to create any requirement, power or duty that is in conflict with any federal or state law.

(Ord. No. 2013-006 § 1)