Fairfax Municipal Code Ch. 8.19 Paper Bag Reduction

This chapter shall be entitled the “Paper Bag Reduction Ordinance.”

(Ord. 784, passed 10-1-2014)

For the purposes of this chapter, the following words shall have the following meanings:

CHECKOUT BAG. A carryout bag intended to convey or protect goods, products or packaged food products provided by a store to a customer at the point of sale. A CHECKOUT BAG does not include a product bag or a bag provided by a pharmacy pursuant to Cal. Business and Professions Code Division 2, Chapter 9, commencing with § 4000, to a customer purchasing a prescription medication.

PERSON. An individual, trust, firm, joint stock company, corporation, cooperative, partnership, or association.

PAPER BAG. A checkout bag that is made entirely or mostly from paper.

PRODUCT BAG. Any bag without handles used exclusively to carry produce, meats, or other food items such as bulk foods to the point of sale inside a store or to prevent such food items from coming into direct contact with other purchased items.

RECYCLABLE PAPER BAG. A paper bag that is 100% recyclable overall and contains a minimum of 40% post-consumer recycled content.

REUSABLE BAG. A checkout bag with handles that is specifically designed and manufactured for multiple reuse and is either made of cloth or other machine washable fabric.

STORE. A public establishment at least 5,000 square feet in size (including outdoor sales or service space) that is devoted exclusively to the retail sale of a commodity or commodities as defined under § 17.008.020 of this code and located within the geographical limits of the town or a supermarket, food, or grocery store located within the geographical limits of the town.

(Ord. 784, passed 10-1-2014)

(A) No store shall provide a paper bag or recyclable paper bag to a customer at the point of sale, unless the customer is charged at least $0.10 per checkout bag. The Town Council may increase the checkout bag charge by adoption of a resolution to that effect if it determines that a charge in a greater amount is necessary to accomplish the goals of this chapter.

(B) All stores must indicate on the customer receipt the number of checkout bags provided and the total amount charged for checkout bags.

(C) All stores must post signage clearly indicating the per bag charge for checkout bags.

(D) No store shall rebate or otherwise reimburse a customer any portion of the minimum charge required by division (A) above, except as otherwise provided in this chapter.

(E) Exceptions.

(1) A store may provide reusable bags to customers at no cost only when combined with a time limited promotional program, not to exceed 12 days per year.

(2) All stores must provide at the point of sale, free of charge, either reusable bags or recyclable paper 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 Cal. Health and Safety Code Division 106, Part 2, Chapter 1, Article 2, commencing with § 123275, or in the Supplemental Food Program pursuant to Cal. Welfare and Institutions Code Division 9, Part 3, Chapter 10, commencing with § 15500.

(3) Any owner or operator of a store may petition the Town Manager, or his or her duly authorized designee, for a full or partial waiver of the requirements of this section, for a period of up to one year, if the owner or operator can demonstrate that application of this section would create undue hardship or practical difficulty for the store not generally applicable to other stores in similar circumstances.

(F) All monies collected by a store for checkout bags under this chapter may be used by the store for any lawful purpose.

(G) Violation of the requirements set forth in division (A) of this section shall subject the store or store owner to penalties set forth in § 8.19.050 of this code.

(Ord. 784, passed 10-1-2014)

This chapter is effective 30 days after adoption, with enforcement of the provisions of this chapter commencing on January 1, 2015.

(Ord. 784, passed 10-1-2014)

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

(Ord. 784, passed 10-1-2014)