Santa Cruz County Municipal Code Ch. 5.48 Bag Reduction Ordinance

(A) The County of Santa Cruz has an obligation to protect the environment, the economy, and public health. The County of Santa Cruz has a 75% waste reduction goal, which is to be reached by waste reduction, reuse, recycling, and composting. The County of Santa Cruz makes the following findings:

(1) In September 2011, the County of Santa Cruz passed its first bag reduction ordinance to eliminate certain types of plastic carryout bags in the unincorporated County and to encourage reusable bags to reduce waste and to protect the environment from plastic pollution.

(2) In November 2016, California voters approved Proposition 67, a statewide referendum to uphold Senate Bill 270 that banned single-use carryout bags. As a result, most grocery stores, retail stores with a pharmacy, convenience food stores, foodmarts, and liquor stores no longer provide single-use, lightweight, plastic carryout bags to their customers at the point of sale.

(3) Senate Bill 270 allowed the use of thicker film plastic carryout bags that were deemed reusable if they met specified standards. These thicker film plastic carryout bags were not generally reused by consumers and resulted in an increased amount of plastic and plastic waste.

(4) In March and April 2019, the County of Santa Cruz updated its bag reduction ordinance to update certain provisions of the County Code and further implement state bag reduction mandates after Senate Bill 270 took effect.

(B) It is the intent of the County of Santa Cruz, in enacting this chapter, to do all of the following:

(1) Eliminate the common use of plastic carryout bags, encourage the use of reusable bags by consumers and retailers, and reduce the consumption of single-use bags in general;

(2) Support and reflect the will of Santa Cruz County residents and California voters to ban the distribution of plastic carryout bags at stores;

(3) Incentivize California consumers to bring their own reusable bag for carrying out store purchases, with stores encouraging and supporting this practice, which will reduce the costly and wasteful practice of relying on store-provided carryout bags;

(4) Support sustainable and thriving communities and natural environments that are not burdened with pollution from plastic production nor littered with plastic waste;

(5) Eliminate plastic carryout bags from grocery store distribution and increase the recycling of paper carryout bags; and

(6) Reduce the proliferation of plastic pollution by eliminating the existing provisions of law that allow plastic carryout bags to be distributed as reusable bags under the County's and the state's bag bans.

(Ord. 5103 § 1, 2011; Ord. 5291 § 17, 2019; Ord. 5519, 8/25/2026)

For the purposes of this chapter, the following definitions apply:

"Carryout bag"

means a bag of plastic, paper, or other material that is provided by a retail establishment to a customer at the point of sale for the purpose of carrying purchased goods that is not a recycled paper bag. A "carryout bag" does not include: a bag provided by a pharmacy to a customer purchasing a prescription medication; a nonhandled bag used to protect a purchased item from damaging or contaminating other purchased items when placed in a recycled paper bag or a compostable plastic bag; a precheckout bag provided to contain an unwrapped food item, such as loose produce, meat or fish, nuts, grains, and bakery goods; and a nonhandled bag that is designed to be placed over articles of clothing on a hanger, such as a garment bag used in dry cleaning or laundry services.

"Director"

refers to the Director of the Santa Cruz County Department of Community Development and Infrastructure or their designee.

"Exempted uses"

means those point-of-purchase or delivery sales which have received an exemption under SCCC § 5.48.030 to allow the use of plastic carryout bags.

"Film plastic" or "plastic film"

means thin continuous polymetric material that can be made from a variety of plastic resins. Common resins used include polyethylene (PE), polypropylene (PP), polyethylene terephthalate (PET), and polyvinyl chloride (PVC).

"Prepared food"

means foods or beverages which are prepared on a vendor's 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 and vegetables which are not chopped, squeezed, or mixed.

"Recycled paper bag" or "recycled paper carryout bag"

means a paper carryout bag provided by a retail establishment to a customer at the point of sale that meets all of the following requirements:

(A)

Is accepted for recycling in curbside programs in a majority of households that have access to curbside recycling programs in the state;

(B)

Has printed on the bag the name of the manufacturer, the country where the bag was made, and the percentage of postconsumer content; and

(C)

Until January 1, 2028 must contain at least 40% postconsumer recycled materials, and on and after January 1, 2028, must contain at least 50% postconsumer recycled materials.

"Retail establishment"

means all sales outlets, stores, shops, restaurants, vehicles, or other places of business located within the unincorporated area of the County of Santa Cruz, which operate primarily to sell or convey goods, including take-out food, directly to the ultimate consumer.

"Reusable bag"

means any bag with handles that is specifically designed and manufactured for at least 125 uses with a volume of at least 15 liters and is either (1) made of cloth or other washable woven fabric, or (2) made of durable material that can be disinfected. A "reusable bag" may be made of recycled plastic such as high-density polyethylene (HDPE), low density polyethylene (LDPE), or polypropylene, but cannot be made from film plastic.

"Store"

means a retail establishment that meets any of the following requirements:

(A)

A full-line, self-service retail store with gross annual sales of $2,000,000 or more that sells a line of dry groceries, canned goods, or nonfood items, and some perishable items;

(B)

Has at least 10,000 square feet of retail space that generates sales or use tax and has a licensed pharmacy;

(C)

Is a convenience food store, foodmart, or other entity that is engaged in the retail sale of a limited line of goods, generally including milk, bread, soda, and snack foods, and that holds a beer and wine or general alcoholic beverage license;

(D)

Is a convenience food store, foodmart, or other entity that is engaged in the retail sale of goods intended to be consumed off the premises, and holds a beer and wine or general alcoholic beverage license; or

(E)

Is a retail establishment that has voluntarily agreed to comply with the requirements imposed upon a store pursuant to this chapter and has irrevocably notified CalRecycle of its intent to comply with the requirements imposed upon a store.

"Take-out" or "take-out food"

means prepared food or beverages requiring no further preparation to be consumed, and which are generally purchased in order to be consumed off a restaurant or retail food vendor's premises.

(Ord. 5103 § 1, 2011; Ord. 5116 § 1, 2012; Ord. 5138 § 1, 2012; Ord. 5186 § 1, 2014; Ord. 5291 § 17, 2019; Ord. 5519, 8/25/2026)

(A) Retail establishments shall not provide, distribute, or sell a carryout bag at the point of sale, except as permitted in this chapter.

(B) Retail establishments may make available for purchase at the point of sale a recycled paper bag but shall not sell a recycled paper bag for less than $0.25.

(C) The charge imposed pursuant to this section shall not be applied to customers participating in the California Special Supplemental Food Program for Women, Infants, and Children, the State Department of Social Services Food Stamp program, or other government-subsidized purchase programs for low-income residents.

(D) Notwithstanding the charging requirements set forth in subsection (B) of this section, recycled paper carryout bags may be distributed without charge by restaurants for the transportation of prepared food or beverages that are provided to customers for consumption on the premises, for take-out, or by delivery.

(E) The ban on plastic carryout bags and the charge on recycled paper carryout bags does not apply to compostable plastic or paper bags used to protect produce, meat, or otherwise used to protect items as they are put into a recycled paper carryout bag at checkout. Other examples include: paper bags to protect bottles, compostable plastic bags around ice cream or other wet items, paper bags used to weigh candy, paper pharmacy bags or paper bags to protect greeting cards.

(F) Retail establishments are strongly encouraged to make reusable bags available for sale to customers at a reasonable price.

(G) Retail establishments shall indicate on the customer transaction receipt the number of recycled paper carryout bags provided, and the total amount charged for those bags.

(H) County of Santa Cruz contractors and special events promoters, and their vendors, shall only provide recycled paper carryout bags to participants while performing under a County of Santa Cruz contract or permit.

(Ord. 5103 § 1, 2011; Ord. 5116 § 2, 2012; Ord. 5138 § 2, 2012; Ord. 5291 § 17, 2019; Ord. 5298 § 14, 2019; Ord. 5519, 8/25/2026)

Until January 1, 2028, recycled paper carryout bags provided to customers shall contain a minimum of 40% post-consumer recycled paper fiber. On and after January 1, 2028, recycled paper carryout bags shall contain a minimum of 50% post-consumer recycled paper fiber.

(Ord. 5291 § 16, 2019; Ord. 5519, 8/25/2026)

Repealed by Ord. 5519.

(Ord. 5103 § 1, 2011; Ord. 5291 § 17, 2019)

(A) The Director may exempt a retail establishment from the requirement set forth in SCCC § 5.48.020 for a one-year period upon the retail establishment showing, in writing, that this chapter would create an undue hardship or practical difficulty not generally applicable to other persons in similar circumstances. The decision to grant or deny an exemption shall be in writing, and the Director's decision shall be final.

(B) Stores as defined in SCCC § 5.48.015(I) are not eligible for an exemption from the requirements of SCCC § 5.48.020.

(C) An exemption application shall include all information necessary for the Director to make a decision, including but not limited to documentation showing factual support for the claimed exemption.

(D) The Director may approve the exemption application in whole or in part, with or without conditions.

(Ord. 5103 § 1, 2011; Ord. 5291 § 17, 2019; Ord. 5519, 8/25/2026)

Repealed by Ord. 5519.

(Ord. 5103 § 1, 2011; Ord. 5291 § 17, 2019)

(A) Any violation described in this chapter shall be subject to civil penalties by the County of Santa Cruz or State of California, as well as any other remedies provided for in this Code or permitted by law, upon a showing of violation.

(B) The Director may inspect any retail establishment's premises to verify compliance with this chapter. Upon a first violation by a retail establishment, the Director may mail the retail establishment a written warning. The warning shall recite the violation and advise that future violations may result in civil penalties as outlined in this Section.

(C) The County may impose civil penalties on a person or entity that knowingly violated this chapter, or reasonably should have known that it violated this chapter, in the amount of one thousand dollars ($1,000) per day for the first violation of this chapter, two thousand dollars ($2,000) per day for the second violation, and five thousand dollars ($5,000) per day for the third and subsequent violations.

(D) Any civil penalties collected pursuant to this Section shall be paid to the office of the County Counsel.

(E) Remedies and civil penalties under this section are cumulative.

(Ord. 5103 § 1, 2011; Ord. 5291 § 17, 2019; Ord. 5519, 8/25/2026)

If any word, phrase, sentence, part, section, subsection, or other portion of this chapter, or any application thereof to any person or circumstance is declared void, unconstitutional, or invalid for any reason, then such word, phrase, sentence, part, section, subsection, or other portion, or the proscribed application thereof, shall be severable, and the remaining provisions of this chapter, and all applications thereof, not having been declared void, unconstitutional or invalid, shall remain in full force and effect. The County of Santa Cruz hereby declares that it would have enacted this chapter, and each section, subsection, sentence, clause, and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases had been declared invalid or unconstitutional.

(Ord. 5103 § 1, 2011; Ord. 5519, 8/25/2026)

Repealed by Ord. 5519.

(Ord. 5103 § 1, 2011)

Nothing in this chapter shall be interpreted or applied so as to create any requirement, power, or duty in conflict with any federal or state law.

(Ord. 5103 § 1, 2011; Ord. 5519, 8/25/2026)

Repealed by Ord. 5519.

(Ord. 5103 § 1, 2011; Ord. 5291 § 17, 2019)