Hermosa Beach Municipal Code Ch. 8.68 Plastic Carryout Shopping Bags

Contents:

8.68.010 Definitions.

8.68.020 Plastic single-use carryout bags prohibited.

8.68.030 Permitted bags.

8.68.040 Regulation of recyclable paper carryout bags.

8.68.050 Exemptions from mandatory reusable and recyclable bag charge.

8.68.060 Enforcement and violation–Penalties.

8.68.070 No conflict with federal or state law.

The following definitions apply to this chapter:

Affected retail establishment means any retail establishment located within or doing business within the geographical limits of the city of Hermosa Beach, including vendors at city-sponsored events, city-owned facilities, and events held on city property.

Customer means any person purchasing goods from a retail establishment.

Food provider means any person or establishment in the city of Hermosa Beach that provides prepared food for public consumption on or off its premises and includes, without limitation, any shop, sales outlet, restaurant, area within a grocery store where food is prepared for public consumption, delicatessen, or catering truck or vehicle.

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, and convenience stores, including convenience stores at gasoline stations.

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.

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

Pharmacy means any retail establishment in which the profession of pharmacy is practiced by a pharmacist licensed by the state of California in accordance with the Business and Professions Code and where prescription pharmaceuticals are offered for sale, regardless of whether the retail establishment sells other retail goods in addition to prescription pharmaceuticals.

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 by-products generated from, and commonly reused within, an original manufacturing and fabrication process.

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

Recyclable means 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 means a paper bag that meets all of the following requirements: (1) contains no old growth fiber; (2) is one hundred (100) percent recyclable overall and contains a minimum of forty (40) percent postconsumer recycled material; (3) is capable of composting, consistent with the timeline and specifications of the American Society of Testing and Materials (ASTM) Standard 06400; (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.

Retail establishment means any commercial retail facility that sells goods or provides merchandise directly to the ultimate consumer, including, but not limited to, food service providers, grocery stores, pharmacies, liquor stores, "mini-marts," clothing stores, newsstands, retail stores and vendors selling goods or merchandise from a kiosk. "Retail establishment" does not include dry cleaners or stores, as that term is defined by subsection (g) of Section 42280 of the California Public Resources Code.

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 (125) uses, which for purposes of this subsection means the capability of carrying a minimum of twenty-two (22) pounds one hundred twenty-five (125) times over a distance of at least one hundred seventy-five (175) feet; (2) has a minimum volume of fifteen (15) liters; (3) is machine washable or made from a material that can be cleaned and disinfected; (4) does not contain lead, cadmium, or any other toxic material that may pose a threat to public health (a reusable bag manufacturer may demonstrate compliance with this requirement by obtaining a no objection letter from the federal Food and Drug Administration); (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; (6) bag care and washing instructions; (7) if made of plastic film, be at least 2.25 millimeters thick, measured according to the American Society of Testing and Materials (ASTM) Standard D6988-13; and (8) complies with Section 260.12 of Part 260 of Title 16 of the Code of Federal Regulations related to recyclable claims if the reusable grocery bag producer makes a claim that the reusable grocery bag is recyclable.

Single-use plastic carryout bag or plastic carryout bag means any bag made predominantly of plastic derived from petroleum, 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 single-use carryout bag" includes compostable and biodegradable bags but does not include: (1) a bag provided to a customer to hold prescription medication dispensed from a pharmacy; (2) a nonhandled produce bag used to protect a purchased item from damaging or contaminating other purchased items when placed in a single-use carryout bag, recycled paper bag or reusable grocery bag; (3) a bag provided to contain an unwrapped food item; or (4) a nonhandled bag that is designed to be placed over articles of clothing on a hanger. (Ord. 17-1377 §2 (part), 2017: Ord. 15-1356 §2 (part), 2015)

No affected retail establishment shall provide plastic single-use carryout bags to customers for the purpose of carrying away goods from the point of sale. 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 retail establishment. (Ord. 17-1377 §2 (part), 2017: Ord. 15-1356 §2 (part), 2015)

1. Affected retail establishments may provide or make available to a customer recyclable paper carryout bags for the purpose of carrying away goods or other materials from the point of sale, subject to the terms of this chapter. Nonrecyclable paper carryout bags shall not be provided to customers unless they meet the definition of reusable bag.
2. Affected retail establishments may make available plastic produce bags for the purpose of preventing food items from coming into direct contact with other purchased items.
3. Each affected retail establishment is encouraged to educate its staff to promote reusable bags and to post signs encouraging customers to use reusable bags, and may provide incentives to customers to encourage use of reusable bags. (Ord. 17-1377 §2 (part), 2017: Ord. 15-1356 §2 (part), 2015)

Unless an exemption set forth in Section 8.68.050 applies:

1. Any affected retail establishment that provides a recyclable paper carryout bag to a customer shall charge the customer ten cents ($0.10) for each bag provided.
2. No affected retail establishment shall rebate or otherwise reimburse a customer any portion of the 10 cents ($0.10) charge required in subsection (A) of this section.
3. All affected retail establishments shall indicate on the customer receipt the number of recyclable paper carryout bags provided and the total amount charged for the bags.
4. All monies collected by an affected retail establishment under this chapter shall be retained by the establishment and shall be used only for 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 retail establishment’s educational materials or education campaign encouraging the use of reusable bags, if any. (Ord. 17-1377 §2 (part), 2017: Ord. 15-1356 §2 (part), 2015)

1. All affected retail establishments must provide at the point of sale, free of charge, either reusable bags or recyclable paper carryout bags, or both, at the establishment’s option, to any customer participating in either 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.
2. No food provider shall be required to charge its customers for a bag provided for a customer’s leftover food from sit-down restaurant dining.
3. No affected retail establishment shall be required to charge its customers for paper product bags used to cover unwrapped food, such as baked goods, or used to hold prescription medication dispensed from a pharmacy. (Ord. 17-1377 §2 (part), 2017: Ord. 15-1356 §2 (part), 2015)

1. The city manager, or his or her designee, shall enforce the provisions of this chapter. Nothing in this chapter shall be construed to create a private cause of action. The city manager or his/her designee shall be 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 affected retail establishment’s premises to verify compliance.
2. If the city manager, or his/her designee, determines that a violation of this chapter has occurred, he/she will issue a written warning notice to the operator of a retail establishment that a violation has occurred and the potential penalties that will apply for future violations.
3. Any person 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 subject to the administrative citation procedures in Chapter 1.10.
4. The city attorney may seek legal, injunctive, or other equitable relief to enforce this chapter.
5. Each violation of this chapter shall be considered a separate offense.
6. 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. (Ord. 17-1377 §2 (part), 2017: Ord. 15-1356 §2 (part), 2015)

Nothing in this chapter is intended to create any requirement, power or duty that is in conflict with any federal or state law. (Ord. 17-1377 §2 (part), 2017: Ord. 15-1356 §2 (part), 2015)