St. Helena Municipal Code Ch. 8.36 Single-Use Carryout Bag Reduction

SINGLE-USE CARRYOUT BAG REDUCTION

Sections:

• 8.36.010 Purpose and intent.

• 8.36.020 Definitions.

• 8.36.030 Single-use carryout bags.

• 8.36.040 Exemptions.

• 8.36.050 Operative date.

• 8.36.060 Enforcement.

The purposes of this chapter are to:

• A. Enact a bag reuse program that reduces waste and pollution, and that decreases the use of single-use carryout bags in the city of St. Helena.

B. Protect the environment from the negative impacts of single-use carryout bags by reducing the use of singleuse carryout bags, with a provision that would require retail stores within the city of St. Helena to charge customers who request recycled paper bags.

C. Provide an incentive for customers to use reusable bags or bring their own bags by exempting application of the bag charge from those customers who use reusable bags or bring their own bags. (Ord. 14-8 § 2)

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

• A. “Customer” means any person obtaining merchandise from a retail establishment.

• B. “Director” means the planning director of the city of St. Helena, or a designee of the planning director or city manager.

C. “Merchandise” means any consumer goods as that term is defined by California Civil Code Section 1791(a), except that “merchandise” shall also include clothing and consumables, as those terms are defined by California Civil Code Sections 1791(c) and (d), respectively. “Merchandise” does not include prepared food. “Merchandise” includes, but is not limited to, liquor and beer, clothing, electronics and groceries that are not prepared food.

D. “Person” means any human person, as well as any other form of legal entity (including a corporation, partnership, joint venture, limited liability company, or sole proprietorship).

E. “Post-consumer recycled material” means a material that would otherwise be destined for solid waste disposal, having completed its intended end use and product life cycle. “Post-consumer recycled material” does not include materials and byproducts generated from, and commonly reused within, an original manufacturing and fabrication process.

F. “Public eating establishment” means a 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.

G. “Prepared food” means food 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 or uncooked meat product, or fruits and vegetables that are intended to be prepared for consumption off site.

H. “Recycled paper bag” means a paper bag provided by a retail establishment to a customer in accordance with this chapter, at the check stand, cash register, point of sale, or other point of departure for the purpose of transporting merchandise out of the establishment that contains no old growth fiber and a minimum of forty percent (40%) post-consumer recycled material; is one hundred percent (100%) recyclable; and has printed on the outside of the bag the word “Recyclable,” the name and location of the manufacturer, and the percentage of postconsumer recycled content.

I. “Retail establishment” means a commercial establishment that sells merchandise at retail directly to the customer, and is located within or doing business within the geographical limits of the city of St. Helena. “Retail establishment” does not include a public eating establishment.

J. “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 mils thick and is specifically designed and manufactured for multiple reuse.

K. “Single-use carryout bag” means a bag provided by a retail establishment to a customer at the check stand, cash register, point of sale or other point of departure for the purpose of transporting merchandise out of the establishment; provided, that “single-use carryout bag” specifically excludes any reusable bag, or recycled paper bag or gift bag and excludes any bag provided to the customer to (1) transport produce, bulk food or meat from a produce, bulk food or meat department within a store to the point of sale; (2) hold prescription medication dispensed from a pharmacy; (3) segregate merchandise that could damage or contaminate other merchandise when placed together in a reusable bag or recycled paper bag; or (4) contain or wrap meat, fish, or frozen foods, whether prepackaged or not.

L. “Specialty bag or gift bag” means a paper shopping bag made of a minimum one hundred seventy-five (175) grams per square meter paper weight, with a flat bottom, side gussets, reinforced turn top, and ribbon, rope or cord handles. (Ord. 14-8 § 2)

• A. No retail establishment shall provide a single-use carryout bag to a customer.

B. No retail establishment shall provide a recycled paper bag to a customer for the purpose of transporting merchandise out of the establishment unless: (1) the retail establishment charges the customer an amount of ten cents ($0.10) or more per bag, and (2) the amount of the charge for each recycled paper bag is separately itemized on the sales receipt provided by the retail establishment to the customer.

C. Retailers shall retain the proceeds from the collection of the charge required by subsection B of this section for the point of sale purchase of a recycled paper bag. This chapter does not restrict how retailers use these monies.

D. Nothing in this chapter shall prohibit customers from using bags of any type that they bring to a retail establishment themselves or from carrying away goods that are not placed in a bag. (Ord. 14-8 § 2)

A retail establishment may provide a reusable bag or a recycled paper bag at no cost at the point of sale to a customer who is participating in the California Special Supplemental Food Program for Women, Infants, and Children pursuant to Health and Safety Code Article 2 of Chapter 1 of Part 2 of Division 106, or a customer who is participating in the Supplemental Food Program pursuant to Welfare and Institutions Code Chapter 10 of Part 3 of Division 9. (Ord. 14-8 § 2)

A. This chapter shall become operative on January 1, 2015, for any full-line, self-service retail establishment 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.

• B. This chapter shall become operative on July 1, 2015, for all retail establishments. (Ord. 14-8 § 2)

The director shall have primary responsibility for enforcement of this chapter. The director is authorized to make all necessary and reasonable rules and regulations with respect to the enforcement of this chapter. All such rules and regulations shall be consistent with the provisions of this chapter.

It is a violation of this code, subject to punishment and prosecution pursuant to Chapter 1.20, for any retail establishment to violate or fail to comply with any provision of this chapter. (Ord. 14-8 § 2)