San Mateo Municipal Code Ch. 5.86 Reusable Bags

(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 50% 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 90% 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 40% post-consumer recycled content; is 100% 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 San Mateo. "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 that meets the above criteria is also a "reusable bag," whether or not it has handles or not.

(j) "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, including departments within a store, 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 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.

(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, 2014, a retail establishment may make available for sale to a customer a recycled paper bag or a reusable bag for a minimum charge of $0.10.

(c) On or after January 1, 2015, a retail establishment may make available for sale to a customer a recycled paper bag or reusable bag for a minimum charge of $0.25.

(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.

Every retail establishment shall keep complete and accurate records 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 years from the date of purchase and sale, which record shall be available for inspection at no cost to the City or County during regular business hours by any City or 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 City or the County shall be a violation of this section.

In addition to the City's enforcement mechanisms set forth in Title 1 of this code, the City of San Mateo authorizes the County of San Mateo's Environmental Health Division to enforce this chapter of the municipal code, including, without limitation, the authority to hold hearings, issue administrative fines, and retain collected fines.

In the event that the County enforces this chapter on the City's behalf within the City limits, the following administrative fine provisions apply:

(a) Grounds for Fine. A fine may be imposed upon findings made by the San Mateo County Director of the Environmental Health that any retail establishment has provided a single-use carry-out 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 $100.00 for a first violation;

(2) A fine not exceeding $200.00 for a second violation;

(3) A fine not exceeding $500.00 for the third and subsequent violations;

(4) Each day that a retail establishment has provided single-use carry-out 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 San Mateo County Director of the Environmental Health contesting the imposition of the fine. The grounds for the contest shall be that the retail establishment did not provide a single-use carry-out bag to any customer. Said hearing must be requested within 10 days of the date appearing on the notice of the fine. The decision of the San Mateo County Director of the Environmental Health 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 30 days from the date appearing on the notice of the fine or of the notice of determination of the San Mateo County Director of the Environmental Health after the hearing, either the City or the County is authorized to bring an action to collect any unpaid administrative fine.