San Rafael Municipal Code Ch. 10.94 Single Use Carry Out Bags

The purpose of the ordinance is to reduce the amount of plastic bag pollution in the environment, to reduce the impacts of paper bags which cause other forms of pollution and greenhouse gas emissions, and to encourage reusable bags by consumers and retailers.

(Ord. No. 1920, § 2, 3-3-2014)

The following definitions apply to this chapter:

A. "Checkout bag" means a carryout bag intended to convey or protect goods, products or packaged food products provided by a store to a customer at the point of sale.

B. "Customer" means any person purchasing goods from a store or from a vendor at a public event.

C. "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.

D. "Plastic carryout bag" means any bag made predominantly of plastic derived from either petroleum or a biologically-based source, such as corn or other plant sources, which is provided to a customer at the point of sale. "Plastic carryout bag" includes compostable and biodegradable bags but does not include reusable bags or product bags.

E. "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. "Postconsumer recycled material" does not include materials and by-products generated from, and commonly reused within, an original manufacturing and fabrication process.

F. "Product bag" means any bag without handles used exclusively to carry produce, meats, or other food items such as bulk foods to the point of sale inside a store or at a public event, or to prevent such food items from coming into direct contact with other purchased items.

G. "Public event" means an event which is open to and may be attended by the general public, including but not limited to such events as fanners' markets, parades, craft fairs, festivals, concerts, performances or other exhibitions, regardless of any fee or age requirement.

H. "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.

I. "Recyclable paper carryout bag" means a paper bag that meets all of the following requirements:

(1) Contains no old growth fiber,

(2) Is one hundred percent (100%) recyclable overall and contains a minimum of forty percent (40%) post-consumer recycled material;

(3) Is capable of composting, consistent with the timeline and specifications of the American Society of Testing and Materials (ASTM) Standard 06400;

(4) Is accepted for recycling in curbside programs in the city of San Rafael;

(5) Has printed on the bag the name of the manufacturer, the location (country) where the bag was manufactured, and the percentage of postconsumer recycled material used; and

(6) Displays the word "recyclable" in a highly visible manner on the outside of the bag.

J. "Reusable bag" means a bag with handles that is specifically designed and manufactured for multiple reuse and meets all of the following requirements:

(1) Has a minimum lifetime of one hundred twenty-five (125) uses, which for purposes of this subsection, means the capability of carrying a minimum of twenty-two (22) pounds one hundred twenty-five (125) times over a distance of at least one hundred seventy-five (175) feet;

(2) Has a minimum volume of fifteen (15) liters;

(3) Is machine washable or is made from a material that can be cleaned or disinfected;

(4) Does not contain lead, cadmium, or any other heavy metal in toxic amounts;

(5) Has printed on the bag, or on a tag that is permanently affixed to the bag, the name of the manufacturer, the location (country) where the bag was manufactured, a statement that the bag does not contain lead, cadmium, or any other heavy metal in toxic amounts, and the percentage of postconsumer recycled material used, if any; and

(6) If made of plastic, is a minimum of at least 2.25 mils thick.

K. "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 reusable bag and does not meet the requirements of a reusable bag. A "single use carryout bag" does not include a "product bag" or a bag provided by a pharmacy pursuant to Chapter 9 (commencing with Section 4000) of Division 2 of the California Business and Professions Code to a customer purchasing a prescription medication.

L. "Store" means a retail establishment located within the incorporated area of the city of San Rafael that meets any one (1) or more of the following definitions:

1. A full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000.00), or more, that sells a line of dry grocery, canned goods, or nonfood items and some perishable items;

2. A store of at least ten thousand (10,000) square feet of retail space that generates sales or use tax pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law, Part 1.5 (commencing with Section 7200) of Division 2 of the Revenue and Taxation Code, and that has a pharmacy licensed pursuant to Chapter 9 (commencing with Section 4000) of Division 2 of the Business and Professions Code; or

3. A drug store, pharmacy, supermarket, grocery store, convenience food store, foodmart, or other entity engaged in the retail sale of a limited line of goods that includes milk, bread, soda, and snack foods, including those stores with a Type 20 or 21 license issued by the department of alcoholic beverage control.

(Ord. No. 1920, § 2, 3-3-2014)

A. No operator of a store shall provide to any customer a plastic carryout bag.

B. This prohibition applies to bags provided for the purpose of carrying away goods from the point of sale and does not apply to product bags.

C. No vendors at a public event shall provide to any customer a plastic carryout bag, except product bags.

(Ord. No. 1920, § 2, 3-3-2014)

All operators of stores and vendors at a public event shall provide or make available to a customer only recyclable paper carryout bags or reusable bags for the purpose of carrying away goods or other materials from the point of sale, subject to the terms of this chapter. Nothing in this chapter prohibits customers from using bags of any type that they bring to the store themselves or from carrying away goods that are not placed in a bag, in lieu of using bags provided by the store.

(Ord. No. 1920, § 2, 3-3-2014)

A. Any operator of a store or vendor at a public event that provides a recyclable paper carryout bag to a customer shall charge the customer at least ten cents ($0.10) for each bag provided, except as otherwise provided in this Chapter.

B. The city council may increase the ten cent ($0.10) minimum charge by Resolution.

C. No operator of a store or vendor at a public event shall rebate or otherwise reimburse a customer any portion of the minimum charge required in subsection A, except as otherwise provided in this chapter.

D. All operators of stores and vendors at public events shall post signage clearly indicating the per bag charge for recyclable paper carryout bags.

E. All operators of stores shall indicate on the customer receipt the number of recyclable paper carryout bags provided and the total amount charged for the bags.

F. All monies collected by an operator of a store or a vendor at a public event for recyclable paper bags under this chapter shall be retained by the operator of the store or the vendor.

(Ord. No. 1920, § 2, 3-3-2014)

A. All operators of stores shall make reusable bags available for purchase by a customer, and any operator of a store or vendor at a public event that provides a reusable bag to a customer shall charge at least ten cents ($0.10) for each bag provided, except as otherwise provided in this chapter.

B. The city council may increase the ten cent ($0.10) minimum charge by resolution.

C. An operator of a store may provide reusable bags to customers at no cost until three (3) months after the effective date of the ordinance. On and after three (3) months after effective date of the ordinance, an operator of a store may provide reusable bags to customers at no cost only when combined with a time-limited store promotional program. Such events shall not exceed a total of thirty (30) days within any consecutive 12-month period.

D. Each operator of a store or vendor at a public event is strongly encouraged to educate its staff to promote reusable bags and to post signs encouraging customers to use reusable bags.

E. No operator of a store or vendor at a public event shall rebate or otherwise reimburse a customer any portion of the minimum charge required in subsection A, except as otherwise provided in this chapter.

F. All operators of stores shall post signage clearly indicating the per bag charge for reusable bags.

G. All operators of stores shall indicate on the customer receipt the number of reusable bags provided and the total amount charged for the bags.

H. Each operator of a store or vendor at a public event is strongly encouraged to charge for a reusable bag at least what it cost to procure the reusable bags in order to encourage maximum reusability and not cause them to be treated as throw-away.

I. All monies collected by an operator of a store or vendor at a public event for reusable bags under this chapter shall be retained by the operator of the store or vendor at the public event.

(Ord. No. 1920, § 2, 3-3-2014)

All operators of stores or vendors at public events shall provide at the point of sale, free of charge, either reusable bags or recyclable paper carryout bags or both, at the store's option, to any customer participating either in 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 Health and Safety Code or in the Supplemental Food Program pursuant to Chapter 10 (commencing with Section 15500) of Part 3 of Division 9 of the Welfare and Institutions Code.

(Ord. No. 1920, § 2, 3-3-2014)

All operators of stores and vendors at public events shall submit to the city manager a certification of compliance in a form as prescribed by the city manager's office by mail or electronic means within thirty (30) days after the operative date of this chapter, or within 30 days after commencing business in the city, whichever is sooner. This form shall include the name and title of the person reporting, the store or vendor name, and pertinent telephone, email and address contact information.

(Ord. No. 1920, § 2, 3-3-2014)

This chapter shall become operative on and after September 15, 2014.

(Ord. No. 1920, § 2, 3-3-2014)

A. The city manager and such code enforcement officials as he or she may designate shall be responsible for enforcement of this chapter. The city manager is authorized to promulgate regulations and to take any and all other actions reasonable and necessary to enforce this chapter, including, but not limited to, investigating violations, entering the premises of any store during business hours, and imposing penalties for violations.

B. For a first violation of this chapter, the city manager or his or her designee shall issue a written warning notice to the operator of a store or to the vendor at public event that a violation has occurred and the potential penalties that will apply for future violations.

C. It is unlawful for any operator of a store or vendor at a public event to violate or fail to comply with any of the requirements of this chapter after a written warning notice has been issued for that violation.

D. A violation of the provisions of this chapter is subject to enforcement by the provisions of Title I (General Provisions), Chapters 1.40, 1.42, 1.44 and 1.46 of this code, and may be prosecuted as a misdemeanor or infraction as set forth in Section 1.42.010 of this code.

E. Each day that a violation of this chapter continues shall be deemed a separate violation.

(Ord. No. 1920, § 2, 3-3-2014)