Cupertino Municipal Code Ch. 9.17 Regulation of Single-Use Carryout Bags

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 stormdrains, 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.

e. The City of Cupertino seeks to reduce the proliferation of plastic pollution by eliminating the existing provision of law that allows plastic film carryout bags to be distributed as reusable bags.

In compliance with Public Resources Code Section 442279 et seq. the City Council finds and declares that the distribution of single-use plastic carryout bags should be banned.

(Ord. 13-2102, § 1 (part), 2013; Ord. 26-2280, Att. A (part), 2026)

A. "Customer" means any person obtaining goods from a retail establishment.

B. “Compostable” means eligible to be labeled with the terms “compostable” or “home compostable” pursuant to Public Resources Code Section 42357. Compostable bags must meet the requirements pursuant to California Public Resource Code Section 42281.2.

C. "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.

D. "Garment cover" means a protective textile cover with or without a handle, made of plastic, paper, or other material and used as a protective covering for clothing, draperies, or similar textiles after the professional cleaning, alteration, or repair of such items.

E. "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.

F. "Person" means any natural person, firm, corporation, partnership, or other organization or group however organized.

G.

“Point of sale” means a place where purchased goods may be transferred to a customer, including but not limited to, a checkout counter, self-checkout kiosk, in-store pickup, curbside delivery, and home delivery.

H.

“Postconsumer recycled material” means 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 byproducts generated from, and commonly reused within, an original manufacturing and fabrication process.

I.

“Pre-checkout Bag” means a recycled paper or compostable bag without handles provided to a customer before the customer reaches the point of sale, that is designed to protect a purchased item from damaging or contaminating other purchased items in a carryout bag, or to contain an unwrapped food item, including but not limited to, loose produce, meat or fish, nuts, grains, candy, and bakery goods.

J. "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.

K. "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.

L. "Recycled paper bag" means a paper carryout bag provided by a store to a customer at the point of sale that meets all of the requirements for postconsumer recycled material content, recyclability, and labeling pursuant to Public Resources Code 42280 (e).

M. "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 City of Cupertino. "Retail establishment" does not include public eating establishments or nonprofit charitable reusers.

N. "Reusable bag" means either a bag made of cloth or other machine washable fabric material that has handles and is specifically designed and manufactured for multiple reuse.

O. "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 recycled paper bag.

(Ord. 13-2102, § 1 (part), 2013; Ord. 26-2280, Att. A, 2026)

This Chapter shall be implemented as of October 1, 2013.

(Ord. 13-2102, § 1 (part), 2013)

A. No person or 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 or in section 9.17.140.

B. A retail establishment may only make recycled paper available to customers if the retailer charges a minimum of ten cents.

C. Notwithstanding this section, no retail establishment may make available for sale a recycled paper unless the amount of the sale of such bag is separately itemized on the sale receipt.

D. A retail establishment may provide one or more recycled paper at no cost to any of the following individuals: a customer participating in the California Special Supplement 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; a customer participating in the Supplemental Food Program pursuant to Chapter 10 (commencing with Section 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 Section 18900) of Part 6 of Division 9 of the California Welfare and Institutions Code.

E. A store shall not require a customer to use, purchase, or accept a recycled paper bag as a condition of sale of any product.

(Ord. 22-2239, § 1 (part), 2022; Ord. 14-2122, § 1, 2014; Ord. 13-2102, § 1 (part), 2013; Ord. 26-2280, Att. A, 2026)

1. A public eating establishment may not provide single- use plastic carryout bags but may provide recycled paper or reusable bag to transport prepared food at no charge.

2. A recycled paper bag with or without handles may be provided by a nonprot charitable reuser at no charge.

3. A pre-checkout bag may be provided to transport prepared food, produce, bulk food, or meat from a department within a store to the point of sale.

4. A pre-checkout bag may be provided to hold prescription medication dispensed from a pharmacy.

5. A pre-checkout bag may be used to segregate food or merchandise that could damage or contaminate other food or merchandise when placed together in a reusable or recycled paper carryout bag.

6. A garment bag or garment cover may be used to protect and transport clothing or other textiles.

(Ord. 22-2239, § 1 (part), 2022; Ord. 13-2102, § 1 (part), 2013; Ord. 26-2280, Att. A, 2026)

a. Grounds for an administrative citation. An administrative citation may be issued upon findings made by the City Manager, or his or her designee, when any person or retail establishment has provided a single-use carryout bag to a customer or violated any other provision of this Chapter.

b. Administrative citation fine amounts. Upon findings made under subsection (a), the retail establishment shall be subject to an administrative citation pursuant to Chapter 1.10 of this Code. Fines for the administrative citation are as follows:

1. First citation: One hundred dollars ($100.00)

2. Second citation for the same violation within the same twelve month period: Two hundred dollars ($200.00)

3. Third or any subsequent citation for the same violation within the same twelve month period: Five hundred dollars ($500.00)

4. Each day that any person or retail establishment violates the provisions of this Chapter a new and separate violation occurs.

c. Administrative citation appeals and disposition shall be processed in accordance with Chapter 1.10 of this Code.

(Ord. 13-2102, § 1 (part), 2013)

If any section, subsection, subdivision, sentence, clause, or phrase of this Chapter is for any reason held to be unconstitutional or otherwise void or invalid, by any court of competent jurisdiction the validity of the remaining portion of this Chapter shall not be affected thereby.

(Ord. 13-2102, § 1 (part), 2013)