Del Mar Municipal Code Ch. 11.36 Single-Use Plastic Carry-Out Bag Use Reduction

The purpose of this Chapter is to protect the health, safety and general welfare of City of Del Mar residents and visitors; to conserve natural resources, to reduce beach litter and marine pollution, and to protect local wildlife.

(Ord. No. 915, § 1, 5-16-2016)

The following definitions shall be applicable when the following words or phrases are used hereafter in this Chapter, whether or not these words or phrases are capitalized:

Bag Cost Pass-Through means the cost which must be collected by retailers from their customers when providing a recycled paper bag or reusable bag.

Food Vendor means any person or establishment in the City of Del Mar, that provides prepared food for public consumption on or off its premises and includes, without limitation, any store, shop, sales outlet, restaurant, grocery store, delicatessen, or catering truck or vehicle.

Garment Bag means a bag designed to transport and protect suits, dresses, coats, or like without crushing or wrinkling.

Grocery Store means any retail establishment that sells groceries, fresh, packaged, canned, dry, prepared or frozen food or beverage products and similar items, and includes without limitation, supermarkets, convenience stores, liquor stores and gasoline stations.

Non-Profit Vendor means a recognized tax exempt organization which provides goods as part of its services.

Pharmacy means any retail store, where prescriptions, medications, controlled or over the counter drugs, personal care products or health supplement goods or vitamins are sold, but excluding any licensed pharmacy located within a hospital.

Product Bag means any bag, provided to a customer for use at a retail establishment or the Farmers Market to assist in the collection or transport of products such as liquid-based take-out foods, produce, bulk items, meat, fish or poultry to protect a purchased item from causing damage or contamination.

Recyclable Paper Bag means a paper bag that meets all of the following requirements:

A. Contains no old growth fiber;

B. Is 100 percent recyclable overall and contains a minimum of 40 percent post-consumer recycled material;

C. Is capable of composting, consistent with the timeline and specifications of the American Society of Testing and Materials (ASTM) Standard D6400;

D. Is accepted for recycling in curbside programs in the City;

E. Has printed on the bag the name of the manufacturer, the location where the bag was manufactured, and the percentage of post-consumer recycled material used; and

F. Displays the word "Recyclable" in a highly visible manner on the outside of the bag.

Restaurant means any person or establishment doing business within the City of Del Mar that provides prepared food or beverages for consumption on or off its premises such as a restaurant, café, bakery, grocery or convenience store food counter or delicatessen, or catering truck vehicle.

Retail Establishment means any person, including any corporation, partnership, business, facility, vendor, organization or individual that sells or provides merchandise, goods, services, or materials, including, without limitation, clothing, food, or personal items of any kind, directly to a customer; retail establishment includes, without limitation, any grocery store, department store, hardware store, pharmacy, liquor store, restaurant, catering truck, convenience store, and any other retail store or vendor.

Reusable Bag means a bag with handles that is specifically designed and manufactured for multiple reuse and meets all of the following requirements:

A. Is machine washable or is made from a material that can be cleaned or disinfected;

B. Is manufactured in compliance with State, Federal, and local laws; and

C. If made of plastic, is a minimum of at least two and one-fourth mils thick.

Single-Use Plastic Carry-Out Bag means any bag that is less than two and one-fourth mils thick and is made predominately of plastic derived from petroleum or from bio-based sources, such as corn or other plant sources.

Vendor means any store, shop, restaurant, sales outlet or other commercial establishment located within or doing business within the City of Del Mar, which provides perishable or nonperishable goods.

(Ord. No. 915, § 2, 5-16-2016)

A. No Retail Establishment in the City shall provide a Single-Use Plastic Carry-Out Bag to a customer unless otherwise permitted pursuant to DMMC Section 11.36.050.

B. No Retail Establishment in the City shall provide any type of bag to a customer at the point of sale except a Reusable Bag or a Recycled Paper Bag unless otherwise permitted pursuant to DMMC Section 11.36.050.

C. No person shall distribute a Single-Use Plastic Carry-Out Bag at any City Facility, City-managed concession, City sponsored event, or City permitted event unless otherwise permitted pursuant to DMMC Section 11.36.050.

D. No person shall distribute a Single-Use Plastic Carry-Out Bag at any Farmers Market within the City of Del Mar unless otherwise permitted pursuant to DMMC Section 11.36.050.

E. Nothing in this Chapter shall prohibit the provision of bags, including plastic carry-out bags, as may be necessary to comply with the California Retail Food Code or any other State or Federal law.

(Ord. No. 915, § 3, 5-16-2016)

A. Affected retail establishments are strongly encouraged to provide incentives for the use of reusable bags through passing through the cost of recyclable paper bags and/or reusable bags, through credits or rebates for customers that use reusable bags, and/or through education. Such incentives may include one or more of the following:

1. An affected Retail Establishment may provide a Recyclable Paper Bag or a Reusable Bag to a customer if it collects a Bag Cost Pass-through from the customer for each Recyclable Paper Bag or Reusable Bag provided. The Bag Cost Pass-Through for Recyclable Paper Bags and Reusable Bags shall be at least $0.10 each.

2. Rebate. An affected retail establishment may rebate or otherwise reimburse a customer for use of a reusable bag brought with them to the point of sale prior to the transaction instead of needing a new Reusable Bag or Recyclable Paper Bag.

3. Education. Each retail establishment is strongly encouraged to educate its staff to promote reusable bags and to post signs encouraging customers to use reusable bags or to choose to not receive a bag at all.

(Ord. No. 915, § 4, 5-16-2016)

Notwithstanding the requirements contained in DMMC 11.36.030:

A. A retail establishment shall provide a customer participating 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 California Health and Safety Code and 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, with a reusable bag or a recycled paper bag at no cost at the point of sale.

B. The City Manager, or his or her designee, may exempt an affected retail establishment, vendor or non-profit vendor from the requirements of this chapter for a period of up to one additional year after the operative date of this Chapter, upon sufficient showing by the applicant that the provisions of this Chapter would cause undue hardship. The phrase undue hardship includes:

1. Situations where there are no acceptable alternatives to plastic carry-out bags for reasons which are unique to the retail establishment, vendor, or non-profit vendor;

2. Situations where compliance with the requirements of this code would deprive a person of a legally protected right.

C. The provision of Product Bags as defined in this Chapter and Garment Bags by dry cleaners are not prohibited.

D. The provision of single-use bags for the collection and disposal of pet waste is not prohibited.

(Ord. No. 915, § 5, 5-16-2016)

A. The City Manager, or his or her designee, is authorized to establish regulations and to take any and all actions reasonable and necessary to obtain compliance with this Chapter, including, but not limited to, inspecting any retail establishment's premises to verify compliance.

B. The City Manager, or his or her designee, may require a business to disclose the manufacturer they are purchasing their Reusable Bags from and to provide the specifications describing the materials from which the bag is made and/or the thickness of plastic of the bag (if applicable) to verify the bag meets the Reusable Bag definition requirements.

C. The City Manager, or his or her designee, may allow businesses to request an extension to deplete their current inventory of single-use plastic carry out bags.

D. Any person violating this section shall be guilty of an infraction, which shall be punishable by a fine not exceeding $100.00 for the first offense, $200.00 for the second offense within one year, and $500.00 for each additional violation within one year; or a misdemeanor, which shall be punishable by a fine not exceeding $1,000.00, or by imprisonment in the county jail for a period not exceeding six months or by both such fine and imprisonment.

E. The City Attorney may seek legal, injunctive, or other equitable relief to enforce this chapter.

F. Administrative enforcement of this Chapter shall proceed pursuant to Del Mar Municipal Code Chapter 1.08.

G. Each violation of this Chapter shall be considered a separate offense.

H. The remedies and penalties provided in this Section are cumulative and not exclusive, and nothing in this Chapter shall preclude any person from pursuing any other remedies provided by law.

I. Notwithstanding any other provision of this Chapter, this Chapter may be enforced through any remedy as provided for in this Section upon its effective date.

(Ord. No. 915, § 6, 5-16-2016)

This Chapter shall become effective and operative as to:

A. Retail stores including grocery stores, pharmacies, City facilities, non-profit vendors, and all other retail establishments except for restaurants, food vendors, farmer's markets, and catering food trucks six months after its adoption by the City Council.

B. Restaurants, food vendors, catering food trucks, and farmer's markets 12 months after its adoption by the City Council.

(Ord. No. 915, § 7, 5-16-2016)