Santa Clara Municipal Code Art. IV Single-Use Carry-Out Plastic Bags

(a)

"Customer"

means any person obtaining goods from a retail establishment.

(b)

"Nonprofit charitable organization"

means a charitable organization, as defined in Section 501(c)(3) of the Internal Revenue Code of 1986.

(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 requires no further preparation to be consumed. "Prepared food" does not include any 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 (90%) 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 (90%) 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 (40%) post-consumer recycled content; is one hundred percent (100%) recyclable; and has printed in a highly visible manner on the outside of the bag the word "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 Santa Clara. "Retail establishment" does not include public eating places, nonprofit charitable organizations, or farmer's markets.

(h)

"Reusable bag"

means either a bag made of cloth or 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.

(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" does 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; (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; (4) to protect clothing or garments after cleaning; or (5) to place personal items for the purpose of security requirements.

(Ord. 2072 § 1, 10-22-2024)

(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 effective December 1, 2014.

(b) On or before December 1, 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 ten cents ($0.10).

(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.

(Ord. 2072 § 1, 10-22-2024)

(a) A fine may be imposed upon findings made by the City Manager, his or her designee, or a code enforcement officer that any retail establishment has provided a single-use carry-out bag to a customer in violation of this chapter.

(b) Upon findings made under subsection (a) of this section, the retail establishment shall be subject to an administrative fine as follows:

(1) A fine not exceeding one hundred dollars ($100.00) for a first violation;

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

(3) A fine not exceeding five hundred dollars ($500.00) for a third and subsequent violations;

(4) Each instance that a retail establishment has provided single-use carry-out bags to a customer constitutes a separate violation.

(Ord. 2072 § 1, 10-22-2024)