Chapter 5.35 — RETAIL AND FOOD SERVICE ESTABLISHMENT CHECKOUT BAG

The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:

(a) "Checkout bag" means a bag that is provided by a retail establishment at the checkstand, cash register, point of sale or other point of departure for the purpose of transporting food or merchandise out of the establishment. Checkout bags do not include produce or product bags as defined in this chapter.

(b) "Compostable Produce Bags" means paper bags and bags made of plastic-like material if the material meets the ASTM Standard Specifications for compostability D6400 or D6868, or the product is Biodegradable Products Institute (BPI) certified, or is considered acceptable within the City’s compost collection program.

(c) "Food service establishment" means any establishment, located or providing food within the city of Palo Alto, which provides prepared and ready-to-consume food or beverages, for public consumption including but not limited to any retail service establishment, eating and drinking service (as defined in Title 18), takeout service (as defined in Title 18), supermarket, delicatessen, restaurant, food vendor, sales outlet, shop, cafeteria, catering truck or vehicle, cart or other sidewalk or outdoor vendor or caterer which provides prepared and ready-to-consume food or beverages, for public consumption, whether open to the general public or limited to certain members of the public (i.e., company cafeteria for employees).

(d) "Produce bag" means any bag without handles provided to a customer to carry produce, meats, 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 Reusable bag or Recyclable Paper Checkout Bag.

(e) "Product Bag” means a bag provided to a customer to protect merchandise from being damaged or contaminated by other merchandise when items are placed together in a Reusable Bag or Recyclable Paper Checkout Bag; a bag to hold prescription medication dispensed from a pharmacy; or a bag without handles that is designed to be placed over articles of clothing on a hanger.

(f) "Recyclable paper checkout bag" means a paper bag that meets one of the following criteria:

i. Pre-approved standard. A paper bag that meets all of the following requirements:

1. Contains no old growth fiber;

2. Is 100% recyclable overall and contains a minimum of 40% post-consumer recycled content;

3. Displays the word "Recyclable" on the outside of the bag; and

4. The manufacturer, the location (country) where manufactured and the percentage of post-consumer recycled content in an easy-to-read

size font.

ii. Alternative materials. The director of public works is authorized to approve alternate materials or testing methods meeting this section's requirements provided that the director finds that the proposed materials or testing standards satisfactorily comply with the intent, quality and effectiveness in order to meet the purposes of this chapter. The particulars of any approval made by the Director under this subsection shall be entered upon the records of the public works department and a signed copy shall be furnished to the applicant.

iii. Alternative standard. Any other published uniform recyclable paper bag standard as approved by the director of public works.

(g) "Retail service establishment" means any establishment providing retail sale, rental, service, processing, or repair of items primarily intended for consumer or household use, including but not limited to the following: groceries, meat, vegetables, dairy products, baked goods, candy, and other food products; liquor and bottled goods, household cleaning and maintenance products; drugs, cards, and stationery, notions, books, tobacco products, cosmetics, and specialty items; flowers, plants, hobby materials, toys, household pets and supplies, and handcrafted items; apparel, jewelry, fabrics, and like items; cameras, photography services, household electronic equipment, records, sporting equipment, kitchen utensils, home furnishing and appliances, art supplies and framing, arts and antiques, paint and wallpaper, carpeting and floor covering, interior decorating services, office supplies, musical instruments, hardware and homeware, and garden supplies; bicycles; mopeds and automotive parts and accessories (excluding service and installation); cookie shops, ice cream stores and delicatessens.

(h) "Reusable checkout bag" shall mean a bag with handles that is specifically designed and manufactured for multiple reuse which can be washed or wiped clean and meets all of the following criteria:

i. Bags with a capacity of 15 liters or greater must meet all of the following requirements:

1. To confirm durability, bags must meet EcoLogo ATP-001 standards (including future amendments or any successor legislation):

a. Capacity test - minimum of 15 liters.

b. Dynamic test - minimum of 5 sets of 300 cycles (1,500 cycles total).

2. To confirm bag thickness of 2.25 mils thick or greater, bags will be measured according to ASTM D6988-08 or ISO 4593:1993 or ISO

4591:1992 standards (for embossed film) (including future amendments or any successor legislation).

3. To confirm the absence of heavy metals causing environmental hazards upon entering the solid waste stream, state methods are to be

used for preparing and for testing samples of each unique bag component following the Model Toxics in Packaging Legislation; and

4. Is either:

a. Labeled in an easy-to-read sized font with the name of the manufacturer, the country of origin where manufactured, the material from

which it is manufactured, the percentage of post-consumer recycled content, and a statement that the bag does not contain heavy metals; or

b. As an alternative, information about the manufacturer, the country of origin where manufactured, the material from which the bag is manufactured, the percentage of post-consumer recycled content, and a statement that the bag does not contain heavy metals can be provided through the reporting requirements set forth under Section 5.35.030(d).

ii. Reusable bags with a capacity of less than 15 liters must meet all of the following requirements:

1. Is 2.25 mils thick or greater as measured according to ASTM D6988-08 or ISO 4593:1993 or ISO 4591:1992 standards (for embossed

film) (including future amendments or any successor legislation).

2. To confirm the absence of heavy metals causing environmental hazards upon entering the solid waste stream, state methods are to be

used for preparing and for testing samples of each unique bag component following the Model Toxics in Packaging Legislation; and

3. Is either:

a. Labeled in an easy-to-read sized font with the name of the manufacturer, the country of origin where manufactured, the material from

which it is manufactured, the percentage of post-consumer recycled content, and a statement that the bag does not contain heavy metals; or

b. As an alternative, information about the manufacturer, the country of origin where manufactured, the material from which the bag is manufactured, the percentage of post-consumer recycled content, and a statement that the bag does not contain heavy metals can be provided through the reporting requirements set forth under Section 5.35.030(d).

iii. Alternative materials. The director of public works is authorized to approve alternate materials or testing methods meeting this section's

requirements provided that the director finds that the proposed materials or testing standards satisfactorily complies with the intent, quality and effectiveness in order to meet the purposes of this chapter. The particulars of any approval made by the director under this subsection shall be entered upon the records of the Public Works Department and a signed copy shall be furnished to the applicant.

iv. Alternative standard. Any other published uniform bag standard as approved by the director of public works.

(i) "Single-use plastic checkout bag" means any bag made predominately of plastic derived from natural gas, petroleum or a biologically-based source, such as corn or other plant sources, which is provided to a customer at the point of sale which does not meet the definition of a reusable checkout bag.

(Ord. 5473 § 2 (part), 2019: Ord. 5194 § 3 (part), 2013)

(a) Retail service establishments within the city of Palo Alto shall provide or make available to a customer only reusable bags or recyclable paper checkout bags for the purpose of carrying away goods or other materials from the point of sale, subject to the terms of this chapter.

i. Single-use plastic bags exempt from the chapter include those integral to the packaging of the product, product bags, newspaper bags, door-

hanger bags, or bags sold in packages containing multiple bags intended for use as garbage, pet waste or yard waste bags.

ii. Food service establishments within retail stores must comply with those requirements listed under Section5.35.020(b) below.

iii. Effective January 1, 2020, farmers markets shall only provide Compostable Produce Bags to hold produce, meats, bulk food or other food

items. Single-use Plastic Checkout Bags, Produce Bags or Product Bags shall not be provided by farmers markets for produce or meats.

(b) Effective November 1, 2013, food service establishments shall provide or make available to a customer only recyclable paper checkout bags or reusable bags, at their discretion, for the purpose of carrying away goods or other materials from the point of sale, subject to the terms of this chapter.

i. Produce or product bags without handles may be used at food service establishments to hold containers of food items that are free liquids

such as soups or stews that might be susceptible to spilling.

(c) The city of Palo Alto encourages, but does not require in-store public education and encouragement to customers about the use of reusable bags. In-store education for retail service establishments and food service establishments is available at www.cityofpaloalto.org/plastics.

(d) Nothing in this chapter prohibits customers from using bags of any type that they bring to the establishment themselves or from carrying away goods that are not placed in a bag at point of sale, in lieu of using bags provided by the establishment.

(e) A retail service or food service establishment may provide a reusable bag at no charge if it is distributed as part of an infrequent and limited time promotion. Infrequent and limited time promotions shall not exceed a total of 14 days in any consecutive 12 month period.

(Ord. 5473 § 2 (part), 2019: Ord. 5194 § 3 (part), 2013)

(a) Effective July 1, 2013, no retail service establishment shall provide a recyclable paper checkout bag or reusable bag to a customer at the point of sale, unless the store charges the customer a checkout bag charge of at least ten cents ($0.10) per bag to cover the costs of compliance with the chapter, the actual costs of providing recyclable paper bags, educational materials or other costs of promoting the use of reusable bags.

(b) Retail service establishments shall establish a system for informing the customer of the charge required under this section prior to completing the transaction. This system can include store clerks inquiring whether customers who do not present their own reusable bag at point of checkout want to purchase a checkout bag.

(c) The checkout bag charge shall be separately stated on the receipt provided to the customer at the time of sale and shall be identified as the checkout bag charge. Any other transaction fee charged by the retail service in relation to providing a checkout bag shall be identified separately from the checkout bag charge. The checkout bag charge may be completely retained by the retail service and used for public education and administrative enforcement costs.

(d) Retail services establishments shall keep complete and accurate records of the number and dollar amount collected from recyclable paper and reusable checkout bags sold each month and provide specifications demonstrating that paper and reusable bags meet the standards set forth in Section 5.35.020 using either the electronic or paper reporting format required by the city. This information is required to be made available to city staff upon request up to three times annually and must be provided within seven days of request. Reporting false information, including information derived from incomplete or inaccurate records or documents, shall be a violation of the chapter. Records submitted to the city must be signed by a responsible agent or officer of the establishment attesting that the information provided on the form is accurate and complete.

(Ord. 5194 § 3 (part), 2013)

Effective January 1, 2020, Retail Service Establishments shall only provide Compostable Produce Bags to carry produce, meats, bulk food, or other food items to point-of-sale within the store.

(Ord. 5473 § 2 (part), 2019)

(a) Undue hardship. The city manager, or his or her designee, may exempt a retail service or food service establishment from the requirements of this chapter for a period of up to one year, upon sufficient evidence by the applicant that the provisions of this chapter would cause undue hardship. An undue hardship request must be submitted in writing to the city. The phrase "undue hardship" may include, but is not limited to, the following:

i. Situations where there are no acceptable alternatives to single-use plastic checkout bags for reasons which are unique to the retail service or food service establishment.

ii. Situations where compliance with the requirements of this chapter would deprive a person of a legally protected right.

(b) Retail service establishments shall not enforce the ten cent ($0.10) store charge for customers participating in the California Special Supplemental Food Program for Women, Infants, and Children, or in CalFresh, or in the Supplemental Nutrition Assistance Program (SNAP- formerly food stamps). This provision will expire on June 30, 2014.

(Ord. 5194 § 3 (part), 2013)

If any provision or clause of this chapter is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other provisions of this chapter, and clauses of this chapter are declared to be severable.

(Ord. 5194 § 3 (part), 2013)

(a) Anyone violating or failing to comply with any of the requirements of this chapter shall be guilty of an infraction as set forth inChapter 1.08 of the Palo Alto Municipal Code.

(b) Each violation of this chapter shall be considered a separate offense.

(c) The remedies and penalties provided in this section are cumulative and not exclusive.

(Ord. 5194 § 3 (part), 2013)