San Jose Municipal Code Part 13 Single-Use Carry-Out Bag

Footnotes:

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Editor's note— Part 13, adopted by Ordinance 28877, adopted December 14, 2010, is effective January 1, 2012.

The definitions set forth in this section shall govern the application and interpretation of this Part 13.

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

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

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

D. "Prepared food" means food or beverage which is 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 produce, bulk food or meat from a produce, bulk food or meat department within a retail establishment.

E. "Public eating establishment" means a:

1. Restaurant, take-out food establishment, or any other business, that receives ninety percent or more of its revenue from the sale of prepared food to be eaten on or off its premises; or

2. Department, unit or section located within and operated by a retail establishment that generates ninety percent or more of its revenue from the sale of prepared food to be eaten on or off its premises, and the department, unit or section does not engage in the sale of perishable or nonperishable goods from another department, unit or section within the same retail establishment.

F. "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 percent post-consumer recycled content; is one hundred 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.

G. "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 San José. "Retail establishment" does not include public eating establishments or nonprofit charitable reusers.

H. "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 two and one-quarter mil thick and is specifically designed and manufactured for multiple reuse.

I. "Single-use carry-out bag" means a bag other than a reusable 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. "Single-use carry-out bags" do not include bags without handles provided to the customer: (1) to transport produce, prepared food, bulk food or meat from a produce, deli, bulk food or meat 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.

(Ords. 28877, 29314.)

A. No retail establishment shall provide a single-use carry-out 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, 2013, a retail establishment may make available for sale to a customer a recycled paper bag for a minimum charge of ten cents.

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

D. A retail establishment may provide 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; and 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, with one or more recycled paper bags at no cost through December 31, 2013.

(Ords. 28877, 29314.)

Every retail establishment shall keep complete and accurate record or documents of the purchase and sale of any recycled paper bag by the retail establishment, for a minimum period of three years from the date of purchase and sale, which record shall be available for inspection at no cost to the city during regular business hours by any city 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 city shall be a violation of this section.

(Ord. 28877.)