Article 5 — Reusable Bags

The City Council finds and determines that:

(a)

The use of single-use carryout bags by consumers at retail establishments is detrimental to the environment, public health and welfare.

(b)

The manufacture and distribution of single-use carryout bags requires utilization of natural resources and results in the generation of greenhouse gas emissions.

(c)

Single-use carryout bags contribute to environmental problems, including litter in storm drains, creeks, the bay and the ocean.

(d)

Single-use carryout bags provided by retail establishments impose unseen costs on consumers, local governments, the state and taxpayers and constitute a public nuisance. This Council does, accordingly, find and declare that it should restrict the single-use carryout bags

(Ord. No. 792-C.S., § 1, eff. January 30, 2013)

[The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:]

(a)

"Customer" means any person obtaining goods from a retail establishment.

(b)

"Garment bag" means a travel bag made of pliable, durable material with or without a handle, designed to hang straight or fold double and used to carry suits, dresses, coats, or the like without crushing or wrinkling the same.

(c)

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

(d)

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

(e)

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

(f)

"Public eating establishment" means a restaurant, take-out food establishment, or any other business that receives ninety (90%) percent or more of its revenue from the sale of prepared food to be eaten on or off its premises.

(g)

"Recycled paper bag" means a paper bag provided at the check stand, cash register, point of sale, or other point of departure for the purpose of transporting food or merchandise out of the establishment that contains no old growth fiber and a minimum of forty (40%) percent post-consumer recycled content; is one hundred (100%) percent recyclable; and has printed in a highly visible manner on the outside of the bag the words "Reusable" and "Recyclable," the name and location of the manufacturer, and the percentage of post-consumer recycled content.

(h)

"Retail establishment" means any commercial establishment that sells perishable or nonperishable goods, including, but not limited to, clothing, food, and personal items directly to the customer; and is located within or doing business within the geographical limits of the City of Pacifica. "Retail establishment" does not include public eating establishments or nonprofit charitable reusers.

(i)

"Reusable bag" means either a bag made of cloth or other machine washable fabric that has handles, or a durable plastic bag with handles that is at least 2.25 mil thick and is specifically designed and manufactured for multiple reuse. A garment bag may meet the above criteria regardless of whether it has handles or not.

(j)

"Single-use carryout bag" means a bag other than a reusable bag provided at the check stand, cash register, point of sale or other point of departure, including departments within a store, for the purpose of transporting food or merchandise out of the establishment. "Single-use carryout bags" do not include bags without handles provided to the customer: (1) to transport prepared food, produce, bulk food or meat from a department within a store to the point of sale; (2) to hold prescription medication dispensed from a pharmacy; or (3) to segregate food or merchandise that could damage or contaminate other food or merchandise when placed together in a reusable bag or recycled paper bag.

(Ord. No. 792-C.S., § 1, eff. January 30, 2013)

This article shall not be implemented until April 22, 2013.

(Ord. No. 792-C.S., § 1, eff. January 30, 2013)

(a)

No retail establishment shall provide a single-use carryout bag to a customer, at the check stand, cash register, point of sale or other point of departure for the purpose of transporting food or merchandise out of the establishment except as provided in this section.

(b)

On or before December 31, 2014, a retail establishment may only make recycled paper bags or reusable bags available to customers if the retailer charges a minimum of Ten (62¢) Cents.

(c)

On or after January 1, 2015, a retail establishment may only make recycled paper bags or reusable bags available to customers if the retailer charges a minimum of Twenty-Five (25¢) Cents.

(d)

Notwithstanding this section, no retail establishment may make available for sale a recycled paper bag or a reusable bag unless the amount of the sale of such bag is separately itemized on the sale receipt.

(e)

A retail establishment may provide one or more recycled paper bags at no cost to any of the following individuals: a customer participating in the California Special Supplement 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; a customer participating in the Supplemental Food Program pursuant to Chapter 10 (commencing with Section 15500) of Part 3 of Division 9 of the California Welfare and Institutions Code; and a customer participating in Calfresh pursuant to Chapter 10 (commencing with Section 18900) of Part 6 of Division 9 of the California Welfare and Institutions Code.

(Ord. No. 792-C.S., § 1, eff. January 30, 2013)

Every retail establishment shall keep complete and accurate record or documents of the purchase and sale of any recycled paper bag or reusable bag by the retail establishment, for a minimum period of three (3) years from the date of purchase and sale, which record shall be available for inspection at no cost to the County during regular business hours by any County employee authorized to enforce this part. Unless an alternative location or method of review is mutually agreed upon, the records or documents shall be available at the retail establishment address. The provision of false information including incomplete records or documents to the County shall be a violation of this chapter.

(Ord. No. 792-C.S., § 1(5.504), eff. January 30, 2013)

(a)

Grounds for Fine. A fine may be imposed upon findings made by the Director of the Environmental Health Division, or his or her designee, that any retail establishment has provided a single-use carryout bag to a customer in violation of this chapter.

(b)

Amount of Fine. Upon findings made under subsection (a), the retail establishment shall be subject to an administrative fine as follows:

(1)

A fine not exceeding One Hundred and no/100ths ($100.00) Dollars for a first violation;

(2)

A fine not exceeding Two Hundred and no/100ths ($200.00) Dollars for a second violation;

(3)

A fine not exceeding Five Hundred and no/100ths ($500.00) Dollars for the third and subsequent violations;

(4)

Each day that a retail establishment has provided single-use carryout bags to a customer constitutes a separate violation.

(c)

Fine Procedures. Notice of the fine shall be served on the retail establishment. The notice shall contain an advisement of the right to request a hearing before the Director of the Environmental Health Division or his or her designee contesting the imposition of the fine. The grounds for the contest shall be that the retail establishment did not provide a single-use carryout bag to any customer. Said hearing must be requested within ten (10) days of the date appearing on the notice of the fine. The decision of the Director of the

Environmental Health Division shall be based upon a finding that the above-listed ground for a contest has been met and shall be a final administrative order, with no administrative right of appeal.

(d)

Failure to Pay Fine. If said fine is not paid within thirty (30) days from the date appearing on the notice of the fine or of the notice of determination of the Director of the Environmental Health Division or his or her designee after the hearing, the fine shall be referred to a collection agency.

(Ord. No. 792-C.S., § 1(5.505), eff. January 30, 2013)

If any provision of this chapter or the application of such provision to any person or in any circumstances shall be held invalid, the remainder of this chapter, or the application of such provision to person or in circumstances other than those as to which it is held invalid, shall not be affected thereby.

(Ord. No. 792-C.S., § 1(5.506), eff. January 30, 2013)

(a)

The Environmental Health Division of San Mateo County is hereby authorized and directed to enforce the provisions of this chapter within the geographical limits of the City of Pacifica.

(b)

The authorization granted by subsection (a) of this section, includes, without limitation, the authority to hold hearings and issue administrative fines for violations of this chapter within the geographical limits of the City of Pacifica.

(c)

Enforcement will begin effective, April 22, 2013.

(Ord. No. 792-C.S., § 1(5.07), eff. January 30, 2013)