Monrovia Municipal Code Ch. 8.44 Plastic Carryout Bags

For purposes of this chapter, the following definitions shall apply:

CUSTOMER. Refers to any person purchasing goods from a store.

OLD GROWTH FORESTS. Refers to forests having the following characteristics:

(1) They are largely naturally regenerated;

(2) Less than 30% of the stand/forest area has been logged or cleared within the past century;

(3) They are relatively undisturbed such that human activities have not significantly altered native forest structure, composition or function;

(4) They are dominated by native tree species;

(5) They are relatively unmanaged although they may suffer from a history of fire suppression or grazing; and

(6) They are composed of individual or stands of trees of varying ages, with old growth components constituting at least half of the stand or forest unit, and having at least four trees per acre over 150 years of age.

OPERATOR. Refers to the person in control of, or having the responsibility for, the operation of the store, which may include, but is not limited to, the owner of the store.

PERSON. Refers to any natural person, firm, corporation, partnership, or other organization or group however organized.

PLASTIC CARRYOUT BAG. Refers to any bag made predominately of plastic derived from either petroleum or a biologically-based source, such as corn or other plant sources, which is provided to the customer at the point of sale. PLASTIC CARRYOUT BAG includes compostable and biodegradable bags, but does not include reusable bags, produce bags, or product bags.

POSTCONSUMER RECYCLED MATERIAL refers to 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. Refer to any bag without handles used exclusively to carry produce, meats, or other food items to the point of sale inside a store or to prevent such food items from coming into direct contact with other purchased items.

RECYCLABLE. Refers to 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. Refers to a paper bag that meets all of the following requirements:

(1) Contains no old growth forest fiber;

(2) Is 100% recyclable overall and contains a minimum of 40% post-consumer recycled material;

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

(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.

REUSABLE BAG. Refers to 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 125 uses, which for purposes of this division, refers to the capability of carrying a minimum of 22 pounds over a distance of at least 175 feet;

(2) Has a minimum volume of 15 liters;

(3) Is machine washable or made from a material that can be cleaned or disinfected;

(4) Does not contain lead, cadmium, or any other heavy metal in toxic amounts as defined by applicable state and federal standards for packaging or reusable bags;

(5) Names the manufacturer, location (country) of where the bag is manufactured, a statement that the bag does not contain lead, cadmium, or any other heavy metal in toxic amounts, and states the percentage of postconsumer recycled material used if any, printed on the bag or tag permanently affixed to the bag; and,

(6) If made of plastic, is a minimum of at least 2.25 mils thick.

STORE. Refers to any of the following retail establishments located within the city:

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

(2) A store of 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 (commencing with Section 7200) of Division 2 of the Revenue and Taxation Code] and that has a pharmacy licensed pursuant to Chapter 9 (commencing with Section 4000) of Division 2 of the Business and Professions Code;

(3) A drug store, pharmacy, supermarket, grocery store, convenience food store, food mart, or other entity engaged in the retail sale of a limited line of goods that includes milk, bread, soda, and snack foods, including those stores with a Type 20 or 21 license issued by the Department of Alcoholic Beverage Control; or

(4) A retail store with gross annual sales of less than $2,000,000 that sells a line of dry grocery, canned goods, or nonfood items, and some perishable items.

(Ord. 2014-05 § 3 (part), 2014)

(A) No store shall provide any customer a plastic carryout bag.

(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. 2014-05 § 3 (part), 2014)

All stores shall provide or make available to a customer only recyclable paper carryout 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 store themselves or from carrying away goods that are not placed in a bag, in lieu of using bags provided by the store.

(Ord. 2014-05 § 3 (part), 2014)

(A) Any store that provides a recyclable paper carryout bag to a customer must charge the customer $0.10 for each bag provided, except as otherwise provided in this chapter.

(B) No store shall rebate or otherwise reimburse a customer any portion of the $0.10 charge required in division (A), except as otherwise provided in this chapter.

(C) All stores must indicate on the customer receipt the number of recyclable paper carryout bags provided and the total amount charged for the bags.

(D) All monies collected by a store under this chapter will be retained by the store and may be used only for any of 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 the store’s educational materials or education campaign to encourage the use of reusable bags, if any.

(E) All stores must keep records of the total number of recyclable paper carryout bags provided, the total amount of monies collected for providing recyclable paper carryout bags, and a summary of any efforts a store has undertaken to promote the use of reusable bags by customers in the prior year. Such records must be made available for the city to review at any time.

(F) If the reporting required in division (E) is not timely submitted by the store, such store shall be subject to the fines set forth in § 8.44.080.

(Ord. 2014-05 § 3 (part), 2014)

(A) All stores must provide reusable bags to customers, either for sale or at no charge.

(B) Each store is strongly encouraged to educate its staff to promote reusable bags and to post signs encouraging customers to use reusable bags.

(Ord. 2014-05 § 3 (part), 2014)

All stores must provide at the point of sale, free of charge, either reusable bags or recyclable paper carryout 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 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.

(Ord. 2014-05 § 3 (part), 2014)

Subject to the citation delay specified in § 8.44.080(C), this chapter shall take effect 30 days following the date of its adoption.

(Ord. 2014-05 § 3 (part), 2014)

(A) It shall be unlawful for any person to violate the provisions of this chapter. A violation of this chapter shall be punishable under the administrative citation procedures set forth in § 1.17.050. The fine imposed for a particular violation shall be in the amount set forth in the administrative citation schedule established by resolution of the City Council pursuant to § 1.17.060. The City Manager or his/her designee has primary responsibility for enforcement of this chapter.

(B) All fines collected pursuant to this chapter shall be deposited into the Solid Waste Management Fund to assist the city with its costs of implementing and enforcing the requirements of this chapter.

(C) Notwithstanding the foregoing, the city shall not issue an administrative citation to any store that violates any provision of this chapter prior to January 1, 2015. During said period, city staff shall provide education regarding the requirements of this chapter and issue written warnings to stores that violate any provision of this chapter.

(Ord. 2014-05 § 3 (part), 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. 2014-05 § 3 (part), 2014)