Oceanside Municipal Code Art. IV Marine Debris Reduction Ordinance

Footnotes:

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Editor's note— Ord. No. 23-OR0645-1, § 1, adopted Sept. 13, 2023, repealed the former Art. IV, §§ 13.42—13.50, and enacted a new Art. IV as set out herein. The former Art. IV pertained to single-use carryout bags and derived from Ord. No. 16-OR0592-1, § 1, adopted Aug. 24, 2016; and Ord. No. 22-OR0061-1, §§ 40—48, adopted Jan. 26, 2022.

It is the intent of this article to encourage conservation of resources, reducing beach litter, marine pollution, and protecting local wildlife and waterways, all of which increase the quality of life and promote the health and welfare of Oceanside residents and visitors.

(Ord. No. 23-OR0645-1, § 1, 9-13-2023)

Unless the context otherwise clearly indicates, the words and phrases used in this article are defined as follows:

(a) Carryout bag means a bag provided at the check stand, cash register, point of sale, or other location for the purpose of transporting food or merchandise out of a retail establishment or food service provider's premises. For the purposes of this chapter, carryout bags do not include produce bags or product bags.

(b) City means the City of Oceanside.

(c) City facility means any building, structure, park, beach or vehicle owned and operated by the City of Oceanside.

(d) Compostable means items that are accepted for collection within the city's organic materials collection program, as determined by the city.

(e) Customer means any person purchasing goods from a store.

(f) Disposable food service ware means food service ware items that are designed for one-time or limited use.

(g) Distribute means to provide or offer to provide an item, either as a separate transaction or as part of a transaction for another item, regardless of whether compensation is received.

(h) Food service provider means any person or establishment that provides or sells prepared food or beverages on or off its premises within the city, including, but not limited to:

(1) A restaurant, café, coffee shop, fast food restaurant, drive-thru service, grocery store, supermarket, convenience store, delicatessen, cafeteria, farmers' market, or similar fixed place where prepared food is available for consumption on or off the premises;

(2) Any mobile store, food vendor, caterer, food truck, or similar mobile food service that provides prepared food; and

(3) Transient lodging facilities, including, but not limited to, hotels, motels, and bed and breakfasts that provide prepared food for guests, customers, or visitors, regardless of whether the prepared food is complimentary or available for purchase by the customer.

(i) Food service ware means items used for containing, serving, or consuming prepared food, including, but not limited to: containers, cups, bowls, plates, trays, cartons, boxes, and accessory food service ware items.

(j) Operator means the person in control of, or having the responsibility for, the operation of a store, which may include, but is not limited to, the owner of the store.

(k) Person means any person, business, firm, limited liability company, corporation, or event organizer or promoter; public, nonprofit or private entity, agency or institution; or partnership, association or other organization or group however organized, or any other entity whatsoever.

(l) Polystyrene means a thermoplastic petrochemical material utilizing the styrene monomer including, but not limited to, polystyrene foam or expanded polystyrene processed by any number of techniques including, but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding, extrusion-blow molding (extruded foam polystyrene), and clear or solid polystyrene (oriented polystyrene).

(m) 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. The term "postconsumer recycled material" does not include materials and by-products generated from, and commonly reused within, an original manufacturing and fabrication process.

(n) Prepared food means food or beverages that are prepared and served by a food service provider using any cooking or food or beverage preparation technique and that are ready to consume, either on or off the food service provider's premises, without further food or beverage preparation or repackaging. Prepared food does not include raw or uncooked whole fruits or vegetables that are not prepared through chopping, squeezing, blending, mixing, or otherwise altered through food preparation; nor does prepared food include uncooked meat, poultry, fish, or eggs that are not provided for further consumption without food preparation.

(o) Produce bag means any bag without handles provided to a customer to carry produce, bulk food, or other food items to the point of sale inside a store and protects food or merchandise from being damaged or contaminated by other food or merchandise when items are placed together in a carryout bag.

(p) Product bag means:

(1) A bag to hold prescription medication dispensed from a pharmacy;

(2) A bag provided to a customer to protect merchandise from being damaged or contaminated by other merchandise when items are placed together in a carryout bag; or,

(3) A bag without handles that is designed to be placed over articles of clothing on a hanger, newspaper bags, door-hanger bags, or bags sold in packages containing multiple bags intended for use as solid waste container liners or pet waste bags.

(q) 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.

(r) Recyclable materials mean those discarded materials that generators set out in recyclable materials containers for collection for the purpose of recycling by an authorized collector and that exclude excluded waste. No discarded materials shall be considered recyclable materials unless such material is separated from organic materials and solid waste. Recyclable materials shall include any material allowed in the recyclable materials container of the city's discarded materials collection service as may be amended from time to time by the city and/or an authorized collector.

(s) Recycle or recycling means the process of sorting, cleansing, treating, and reconstituting materials that would otherwise be disposed of at a landfill for the purpose of returning such materials to the economy in the form of raw materials for new, reused, or reconstituted products. Recycling includes processes deemed to constitute a reduction of landfill disposal pursuant to 14 CCR, Division 7, Chapter 12, Article 2. Recycling does not include gasification or transformation as defined in Public Resources Code Section 40201.

(t) Recycled paper bag means a carryout 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 D6400.

(4) Is accepted for recycling in the city's curbside recyclable materials program.

(5) Has printed on the bag the name of the manufacturer, the country where the bag was manufactured, and the minimum percentage of postconsumer content.

(6) Displays the word "recyclable" on the outside of the bag, to the extent permitted under applicable law regarding recyclability claims.

(u) Retail establishment means any establishment that sells or provides merchandise, goods, or materials primarily intended for consumer or household use, including food, clothing, household items, personal items, supplies, electronics, or other items directly to a consumer. Retail establishments include grocery stores, department stores, clothing stores, hardware stores, supply stores, pharmacies, liquor stores, convenience stores, outdoor farmers' market, and any other retail store or vendor. Retail establishment does not include food service providers.

(v) Reusable bag means a bag that is specifically designed and manufactured for multiple uses and meets the reusable bag requirements set forth in California Public Resources Code Section 42281.

(w) Reusable food service ware means food service ware that is manufactured out of durable materials to be used repeatedly over an extended period of time and is able to be washed and sanitized in accordance with applicable laws and regulations.

(x) Single-use carryout bag means a bag made of plastic, paper or other material that is provided by a store to a customer at the point of sale that is not a recycled paper bag or reusable bag and does not meet the requirements of a recycled paper bag or a reusable bag.

(Ord. No. 23-OR0645-1, § 1, 9-13-2023)

(a) A retail establishment or food service provider in the city shall not provide a carryout bag to a customer at the point of sale, except as provided for in this chapter.

(b) Retail establishments may distribute only reusable bags or recycled paper bags for the purpose of carrying away goods, merchandise, or other items from the point of sale, in accordance with this chapter. Food service providers located within retail establishments shall comply with the requirements of subsection (c) below.

(c) Food service providers may distribute only reusable bags or recycled paper bags for the purpose of carrying away prepared food or other goods from the point of sale, in accordance with this chapter. Food service providers shall comply with the requirements of this chapter for both on-premises and off-premises consumption of prepared food and for any method of ordering, including: in-person, telephone, drive-through, self-serve, digital order, or through a third-party food delivery platform. Food service providers may use product bags or produce bags for takeout or delivery orders to hold containers of prepared food items that are liquids susceptible to spilling, such as soups, if specifically needed to prevent spilling during transport.

(d) Nothing in this article prohibits customers from using bags of any type that they bring to a retail establishment or food service provider themselves or from opting to not use a carryout bag for their items.

(Ord. No. 23-OR0645-1, § 1, 9-13-2023)

(a) A retail establishment or food service provider that provides recycled paper bags or reusable bags at point of sale shall charge the customer no less than ten cents ($0.10) for each bag provided.

(b) The retail establishment or food service provider shall inform the customer of the charge prior to completing the transaction and shall separately itemize such charge on the sales receipt.

(c) Retail establishments and food service providers subject to this chapter shall maintain records demonstrating compliance with this chapter and make such records available for inspection upon request of the city manager or designee.

(d) A retail establishment or food service provider shall not require a customer to use, purchase, or accept a carryout bag as a condition of sale of any product.

(e) All monies collected pursuant to this section shall be retained by the food service provider or retail 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 recycled paper bags or reusable bags.

(3) Costs associated with educational materials or educational campaigns encouraging the use of reusable bags.

(Ord. No. 23-OR0645-1, § 1, 9-13-2023)

A retail establishment or food service provider that makes reusable bags or recycled paper bags available for purchase at the point of sale shall provide a reusable bag or a recycled paper bag at no cost to a customer using:

(a) A payment card or voucher issued by 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 California Health and Safety Code; or

(b) An electronic benefit transfer (EBT) card issued pursuant to Section 10072 of the California Welfare and Institutions Code.

(Ord. No. 23-OR0645-1, § 1, 9-13-2023)

(a) No person may distribute egg cartons, food service ware, or food trays made, in whole or in part, from polystyrene foam.

(b) No person may distribute the following items made, in whole or in part, from polystyrene foam that is not wholly encapsulated or encased within a non-polystyrene foam material:

(1) Coolers, ice chests, or similar containers;

(2) Pool or beach toys; or

(3) Dock floats, mooring buoys, or anchor or navigation markers.

(c) No person may distribute shipping boxes, packing peanuts, and packing materials made, in whole or in part, from polystyrene foam.

(Ord. No. 23-OR0645-1, § 1, 9-13-2023)

No person shall use the products prohibited from distribution in section 13.47 in or at city facilities.

(Ord. No. 23-OR0645-1, § 1, 9-13-2023)

It shall not be a violation of section 13.44 to distribute prepared food packaged in food service ware or use food trays made, in whole or in part, from polystyrene foam, if the prepared food is packaged outside the city and is provided to the consumer as originally packaged. Packaging or containers used for drugs, medical devices, or biological materials shall also be exempt, as well as any products that are pre-packaged outside of the city using polystyrene foam as part of the packing material (except for egg cartons), as long as the products themselves are not made of polystyrene foam or unless a more durable material wholly encapsulates or encases the polystyrene foam.

(Ord. No. 23-OR0645-1, § 1, 9-13-2023)

(a) Food service providers are strongly encouraged, but shall not be required, to provide a refillable or reusable food service ware rather than disposable food service ware for customers, where practicable.

(b) Food service providers, at their discretion, shall be permitted to charge for food service ware provided, to offset costs of alternative materials, if any, and/or encourage use of reusable food service ware.

(c) Retail establishments and food service providers shall post educational material regarding the requirements of this chapter, if such educational materials have been provided by the city. The educational materials shall be posted on or near the point-of-sale counter, menu, check-stand, or other location that is clearly visible to the customer prior to purchasing goods from a retail establishment or food service provider. This requirement shall lapse and become optional one year from the effective date of each applicable section of this ordinance, as specified in subsections 13.51 (a) and (b).

(d) Regulated entities are encouraged, but not required, to take actions in addition to the requirements of this chapter that support the goal of reducing the use of and waste generated by single-use food service ware items and carryout bags, including encouragement of customers to bring their own reusable bags and containers.

(Ord. No. 23-OR0645-1, § 1, 9-13-2023)

(a) Sections 13.44, 13.45, 13.46, and all other language in this ordinance pertaining to the distribution of carryout bags, including, but not limited to, sections 13.43 and 13.50, shall take effect on January 1, 2025.

(b) Sections 13.47, 13.48, 13.49, and all other language in this ordinance pertaining to the distribution of polystyrene foam, including, but not limited to, sections 13.43 and 13.50, shall take effect on July 1, 2024.

(c) The city manager or designee is authorized to establish regulations and to take any and all actions reasonable and necessary to obtain compliance with this article.

(d) The city attorney is authorized to pursue all available administrative, civil and criminal remedies set forth in the Oceanside City Code to enforce this ordinance, including, but not limited to, Oceanside City Code sections 1.7 (criminal remedies) and 1.14 through 1.14.8 (administrative remedies), and chapter 17 (nuisance abatement). The city attorney may seek legal, injunctive, or other equitable relief to enforce this ordinance.

(e) The remedies and penalties provided in this section may be cumulative and not exclusive, and nothing in this article shall preclude any person from pursuing any other remedies provided by law.

(Ord. No. 23-OR0645-1, § 1, 9-13-2023)

Nothing in this article is intended to or shall be interpreted as conflicting with applicable law. In the event that the State of California enacts any law or regulation that restricts or requires California specified alternative material types for the materials specified in this ordinance based on the disposability or material composition of such items, the state legislation shall supersede the applicable sections of this ordinance, upon determination and approval of city council.

(Ord. No. 23-OR0645-1, § 1, 9-13-2023)