Martinez Municipal Code § 8.23.010 Definitions (A-Z)

The purpose of this chapter is to reduce the common use of single-use plastic bags and prohibit the free distribution of paper bags by certain types of establishments in Martinez to reduce litter; protect natural resources; reduce greenhouse gas emissions; and protect the public health, safety, and general welfare.

(Ord. No. 1481, 2/4/2026[1])

[1]

Editor's Note: This ordinance is effective July 1, 2026.

For the purposes of this Chapter only, the following words and phrases shall have the meanings defined in this Section unless the context clearly requires otherwise:

"Carryout Bag"

means any bag, including a plastic bag, provided at the check stand, cash register, point of sale, or other point of departure for the purpose of transporting food, merchandise, or other goods out of a retail establishment, public eating establishment, or State-regulated store. "Carryout bags" do not include product bags or plastic garment bags.

"Compostable"

means an item or material capable of undergoing biological decomposition in the City's approved Franchised Collector industrial composting facility to yield carbon dioxide, water, minerals, and nutrient-rich organic matter at a rate consistent with other known compostable materials or as otherwise defined by the State.

"Compostable Bag"

means a bag that meets the following criteria:

Complies with standards described in California Public Resources Code Section 42357.5;

Is eligible to be labeled with the terms "compostable" or "home compostable" pursuant to California Public Resources Code Section 42357; and

Has a minimum 15-inch wide opening.

"Customer"

means any person purchasing goods from a retail establishment, public eating establishment, or State-regulated store.

"Inspector"

means an individual designated by the City Manager to conduct any inspections required or permitted under this Chapter.

"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 50 percent of its revenues from the handling and sale of those donated goods or materials.

"Operator"

means the person in control of, or having the responsibility for, the operation of a retail establishment, public eating establishment, or State-regulated store, which may include, but is not limited to, the owner of a retail establishment, public eating establishment, or State-regulated store.

"Person"

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

"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. The term "plastic bag" includes biodegradable or degradable bags but does not include compostable bags, reusable bags, recycled paper carryout bags, or product bags.

"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.

"Pre-Checkout Bag"

means a bag provided to a customer before the customer reaches the point of sale, including a produce bag, that is designed to protect a purchased item from damaging or contaminating other purchased items in a checkout bag, or to contain an unwrapped food item, such as, but not limited to, loose produce, meat or fish, nuts, grains, candy, and bakery goods. A "pre-checkout bag" does not include a bag used to prepackage items prior to their arrival in the store.

"Prepared Food"

means foods or beverages which are prepared on premises by cooking, chopping, slicing, mixing, freezing, or squeezing, and which require no further preparation to be consumed, other than heating. Prepared food does not include any raw, uncooked meat or fruits or vegetables which are chopped, squeezed, or mixed.

"Product Bag"

means a bag integrated into the packaging of the product or a bag used:

To hold prescription medication dispensed from a pharmacy;

To segregate food or merchandise that could damage or contaminate other food or merchandise when placed together in a reusable bag or recycled paper carryout bag (examples include small paper bag for greeting cards, paper bags to protect glass bottles, plastic bags around ice cream or other wet or frozen items, and paper bags used to weigh candy); or

Plastic garment bags.

"Public Eating Establishment"

means a restaurant, take-out food establishment, or any other business that received 90 percent or more of its revenue from the sale of prepared food to be eaten on or off its premises.

"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.

"Recycled Paper Bag"

means a paper bag set forth in California Public Resources Code Section 42280(3) for "recycled paper bag" as it may be amended from time to time. As of January 1, 2026, that law provides that it meets all the following requirements:

Is accepted for recycling in curbside programs;

Has printed on the bag the name of the manufacturer, the country where the bag was manufactured, and the percentage of postconsumer recycled material used;

Contains a minimum of 40 percent postconsumer recycled content as of January 1. 2015, and 50 percent postconsumer recycled material as of January 1, 2028;

Displays the word "Recyclable" in a highly visible manner on the outside of the bag; and

Recycled paper bags do not include product bags.

"Retail Establishment"

means any commercial establishment that sells perishable or nonperishable goods including, but not limited to, clothing, food, and personal items directly to a customer; and is located within or doing business within the geographical limits of the City of Martinez and is not a State-regulated "store". Retail establishment does not include nonprofit charitable reuser organization.

"Reusable Bag"

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

Has a minimum lifetime of 125 uses, which for purposes of this subsection, means the capability of carrying a minimum of 22 pounds 125 times over a distance of at least 175 feet;

Is machine washable or capable of being cleaned and disinfected;

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.

"State-Regulated Stores"

means stores located in the City of Martinez and as defined in California Public Resources Code Section 42280(f) as it may be amended from time to time. As of January 1, 2026, a "State-regulated store" is a retail establishment that meets any of the following requirements:

A full-line, self-service retail store with gross annual sales of $2,000,000 or more that sells a line of dry groceries, canned goods, or nonfood items, and some perishable items.

Has at least 10,000 square feet of retail space that generates sales or use tax pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5 of Division 2 of the Revenue and Taxation Code Section 7200 et seq.) and has a pharmacy licensed pursuant to Chapter 9 of Division 2 of the Business and Professions Code (Section 4000 et seq.)

Is a convenience food store or other entity that is engaged in the retail sale of a limited line of goods, generally including milk, bread, soda, and snack foods, and that holds a Type 20 or Type 21 license issued by the California Department of Alcoholic Beverage Control.

Is a convenience food store or other entity that is engaged in the retail sale of goods intended to be consumed off the premises, and that holds a Type 20 or Type 21 license issued by the California Department of Alcoholic Beverage Control.

If not otherwise subject to Subsection 1, 2, 3 or 4, if the retail establishment voluntarily agrees to comply with the requirements imposed upon a store pursuant to this Chapter, irrevocably notifies the Department of Resources Recycling and Recovery of its intent to comply with the requirements imposed upon a store pursuant to this Chapter, and complies with the requirements established, pursuant to California Public Resources Code Section 42284.

(Ord. No. 1381 C.S., § 3, 6/8/2014; Ord. No. 1481, 2/4/2026)

Effective July 1, 2026, no retail establishment, public eating establishment, or State-regulated store shall provide any plastic carryout or pre-checkout bag to a customer except as provided in this Chapter.

(Ord. No. 1381 C.S., § 3, 6/8/2014; Ord. No. 1481, 2/4/2026)

All retail establishments (not including State-regulated stores) and public eating establishments shall provide or make available to a customer only recycled paper 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. State-regulated stores shall provide or make available to a customer only recycled paper bags at the point of sale. Nothing in this Chapter prohibits customers from using bags of any type that they bring to the retail establishment, public eating establishment, or State-regulated store themselves or from carrying away goods that are not placed in a bag.

(Ord. No. 1381 C.S., § 3, 6/8/2014; Ord. No. 1481, 2/4/2026)

All State-regulated stores shall provide or make available to a customer at no charge only pre-checkout bags that are compostable bags or recycled paper bags, subject to the terms of this Chapter. Nothing in this Chapter prohibits customers from using bags of any type that they bring to the store, themselves or from carrying away goods that are not placed in a bag.

(Ord. No. 1481, 2/4/2026)

A. Any retail establishment or State-regulated store that provides recycled paper bags as carryout bags to a customer must charge the customer for each bag provided, except as otherwise as exempted in subsection D below.

B. Except as exempted in subsection D below, the minimum charge per recycled paper bag as a carryout bag will initially be $0.10. The City Manager or designee may increase the minimum charge up to no more than $0.25 if determined the amount should be increased to appropriately disincentivize consumers from electing to use recycled paper carryout bags. All collected monies will be retained by the retail establishment or State-regulated store.

C. All retail establishments and State-regulated stores must indicate on the customer receipt the number of recycled paper carryout bags provided and the total amount charged for the bags.

D. All retail establishments and State-regulated stores must provide at the point of sale, free of charge, recycled paper bags, at the retail establishment's option, to any customer participating either in the California Special Supplemental Food Program for Women, Infants, and Children ("WIC") pursuant to Article 2 of Chapter 1 of Part 2 of Division 106 of the Health and Safety Code Section 123275 et seq., or the Supplemental Food Program pursuant to Chapter 10 of Part 3 of Division 9 of the Welfare and Institutional Code Section 15500 et seq., the State Department of Social Security's Food Stamp program, other government-subsidized purchase programs for low-income customers.

(Ord. No. 1381 C.S., § 3, 6/8/2014; Ord. No. 1481, 2/4/2026)

An inspector shall have the right to enter any retail establishment, public eating establishment, or State-regulated store during regular business hours, without a search or inspection warrant, to make reasonable inspection to ascertain whether there is compliance with the provisions of this Chapter.

(Ord. No. 1381 C.S., § 3, 6/8/2014; Ord. No. 1481, 2/4/2026)

A. The City Manager and Chief of Police or their designees are 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 citations, and entering the premises of any retail establishment, public eating establishment, or State-regulated store during business hours. Other City staff may assist with this enforcement responsibility by entering the premises of a retail establishment, public eating establishment, or State-regulated store as part of their regular inspection functions and reporting any alleged violations to the City Manager, Chief of Police, or designee.

B. If any of those individuals specified above determine a violation of this Chapter has occurred, the City Manager, Chief of Police, or designee shall issue a written warning notice to the operator of the retail establishment, public eating establishment, or State-regulated store that a violation has occurred and the potential penalties for future violations.

C. Any retail establishment, public eating establishment, or State-regulated store that violates or fails to comply with any of the requirements of the Chapter after a written notice has been issued for a previous violation shall be guilty of an infraction punishable as specified in Title 1 of this Code.

(Ord. No. 1381 C.S., § 3, 6/8/2014; Ord. No. 1481, 2/4/2026)