El Cerrito Municipal Code Ch. 8.22 Single-Use Bag Regulations

This chapter shall be known as the "El Cerrito Single-Use Bag Ordinance." The City of El Cerrito hereinafter shall be called "city." This chapter shall be applicable in the incorporated territory of the city.

(Ord. No. 2013-03, § 2, 9-17-2013)

This chapter shall become operative on January 1, 2014, and shall become enforceable on July 1, 2014.

(Ord. No. 2013-03, § 2, 9-17-2013)

It is the intent of the city in enacting Chapter 8.22 to reduce the common use of single-use carry-out bags and to encourage the use of reusable bags by consumers and retailers in El Cerrito.

(Ord. No. 2013-03, § 2, 9-17-2013)

The following definitions apply to this chapter:

A. "Carry-out bag" means a bag other than a reusable 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. Carry-out bags do not include bags provided to the customer to contain produce, bulk food or meat from a produce, loose bulk food or meat department within a store to the point of sale.

B. "Customer" means any person purchasing goods from a retail establishment.

C. "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.

D. "Operator" means the person in control of, or having the responsibility for, the operation of a retail establishment, which may include, but is not limited to, the owner of the retail establishment.

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

F. "Plastic bag" means any bag made predominantly of plastic derived from either petroleum, ethylene derived from 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 bags include: compostable and biodegradable bags but does not include reusable bags, produce bags, or product bags.

G. "Postconsumer recycled material" means a material that has completed its life cycle as a consumer item, would otherwise be destined for solid waste disposal, but is recycled. "Postconsumer recycled material" does not include materials and by-products generated from, and commonly reused within, an original manufacturing and fabrication process.

H. "Prepared food" means food or beverages, which are served, packaged, cooked, chopped, sliced, mixed, brewed, frozen, squeezed or otherwise prepared on the food provider's premises. For the purposes of this chapter, prepared food does not include raw, butchered meats, fish and/or poultry sold from a butcher case or similar retail appliance. Prepared food may be eaten either on or off the premises, also known as "take-out food".

I. "Produce bag" or "product bag" means any bag without handles used exclusively to carry produce, meats, or other food or goods to the point of sale inside a retail establishment, or to prevent such items from coming into direct contact with other purchased items, or to hold prescription medication dispensed from a pharmacy.

J. "Recyclable" means material that can be sorted, cleansed, and reconstituted using El Cerrito's 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.

K. "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 and that meets all of the following requirements: (1) contains no old growth fiber, (2) is one hundred percent recyclable overall and contains a minimum of forty percent postconsumer recycled material; (3) displays the words "reusable and recyclable" in a highly visible manner on the outside of the bag; (5) displays the percentage of postconsumer recycled material used; and (6) displays the name and location of the manufacturer.

L. "Restaurant" 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.

M. "Reusable bag" means 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 one hundred twenty-five uses, which for purposes of this subsection, means the capability of carrying a minimum of twenty-two pounds one hundred twenty-five times over a distance of at least one hundred seventy-five feet; (3) is machine washable or capable of being cleaned and disinfected; (4) does not contain lead, cadmium, or any other heavy metal in toxic amounts as defined by applicable state and federal standards and regulations for packaging or reusable bags; and (5) if made of plastic, is a minimum of at least 2.25 millimeters thick.

N. "Retail establishment" means any commercial establishment that sells perishable and 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 city limits of the city. Retail establishments do not include restaurants or nonprofit charitable reuser organizations.

O. "Single-use carry-out bag" means a bag other than a reusable 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. Single-use carry-out bags do not include bags without handles provided to the customer to transport produce, bulk food or meat from a produce, bulk food or meat department within a store to the point of sale.

(Ord. No. 2013-03, § 2, 9-17-2013)

A. No retail establishment shall provide a plastic single-use carry-out 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 chapter.

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. 2013-03, § 2, 9-17-2013)

All retail establishments shall provide or make available to a customer only recycled paper carry-out 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 retail establishment themselves or from carrying away goods that are not placed in a bag, in lieu of using bags provided by the store.

(Ord. No. 2013-03, § 2, 9-17-2013)

A. Any retail establishment that provides a recycled paper carry-out bag or reusable bag to a customer must charge the customer a minimum charge of five cents for each bag provided, except as otherwise provided in the chapter.

B. Two years after the chapter is enacted a retail establishment that provides a recycled paper carry-out bag or reusable bag to a customer must charge the customer a minimum charge of ten cents for each bag provided, except as otherwise provided in the chapter.

C. All retail establishments must indicate on the customer receipt the number of recycled paper carry-out bags provided and the total amount charged for the bags.

D. All monies collected by a retail establishment under this chapter will be retained by the retail establishment and may be used for any of the following purposes:

1. Costs associated with complying with the requirements of this chapter.

2. Actual costs of providing recycled paper carry-out bags.

3. Costs associated with a retail establishment's educational materials or education campaign encouraging the use of reusable bags, if any.

4. Funding reusable bag give-aways during limited-time store promotions.

(Ord. No. 2013-03, § 2, 9-17-2013)

A. All retail establishments may provide reusable bags to customers. If provided, retail establishments may provide reusable bags either:

1. For sale; or

2. At a minimum charge of ten cents per bag during limited-time store promotions.

3. Retail establishments need not charge for reusable bags that are given away as part of reusable bag giveaway events intended to promote the use of reusable bags, not to exceed a total of ninety days in any consecutive twelve-month period.

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

(Ord. No. 2013-03, § 2, 9-17-2013)

A. Retail establishments may provide at the point of sale, free of charge, either reusable bags or recycled paper carry-out bags or both, at the retail establishment's option, to any customer participating in any of the following programs: (1) 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; (2) 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, the State Department of Social Services Food Stamp program; or (3) other state or federal government-subsidized purchase programs for low-income residents.

B. Restaurants and nonprofit charitable reuser organizations are exempt from the provisions of this chapter as specified in Section 8.22.040, Definitions.

(Ord. No. 2013-03, § 2, 9-17-2013)

A. Any violation of this chapter is punishable as specified in Chapters 1.08 or 1.14 of the El Cerrito Municipal Code or by any other applicable law.

B. The city manager or his or her designee has primary responsibility for enforcement of this chapter. The city manager 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 retail establishment during business hours. Other City of El Cerrito staff may assist with this enforcement responsibility by entering the premises of a retail establishment as part of their regular inspection functions and reporting any alleged violations to the city manager.

(Ord. No. 2013-03, § 2, 9-17-2013)