Chapter 15.72 — PLASTIC CARRYOUT SHOPPING BAGS

The following definitions apply to this chapter:

"Affected retail establishment" means any retail establishment located within or doing business within the geographical limits of the City of West Hollywood, including vendors at citysponsored events, city-owned facilities, and events held on city property, but excluding certified farmers' markets and dry cleaners.

"Customer" means any person purchasing goods from a store.

"Food provider" means any person or establishment in the City of West Hollywood, that provides prepared food for public consumption on or off its premises and includes, without limitation, any store, shop, sales outlet, restaurant, grocery store, delicatessen, or catering truck or vehicle.

"Grocery store" means any retail establishment that sells groceries, fresh, packaged, canned, dry, prepared or frozen food or beverage products and similar items, and includes, without limitation, supermarkets, and convenience stores, including convenience stores at gasoline stations.

"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.

"Person" means any natural person, firm, corporation, partnership, or other organization or group however organized.

"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.

"Produce bag" or "product bag" means any bag without handles used exclusively to carry produce, meats, or other food items to the point of sale inside a store or to prevent such food items from coming into direct contact with other purchased items.

"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.

"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 recyclable overall and contains a minimum of forty percent postconsumer 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; (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.

of the American Society of Testing and Materials (ASTM) Standard 06400; (4) is accepted for recycling in curbside programs in the city; (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.

"Retail establishment" means any commercial retail facility that sells goods or provides merchandise directly to the ultimate consumer, including, but not limited to, grocery stores, pharmacies, liquor stores, mini-marts, clothing stores, newsstands, retail stores and vendors selling goods or merchandise from a kiosk (as that term is used in Title 19).

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City of West Hollywood, CA § 15.72.010

WEST HOLLYWOOD CODE

§ 15.72.050

"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 uses, which, for purposes of this definition, means the capability of carrying a minimum of twenty-two pounds one hundred twenty-five times over a distance of at least one hundred seventy-five feet; (2) has a minimum volume of fifteen liters; (3) is washable; (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.

"Single-use plastic carryout bag" or "plastic carryout bag" means any bag made predominantly of plastic derived from either petroleum or 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, produce bags, or product bags.

(Ord. 12-898 § 2, 2012)

No affected retail establishment shall provide plastic carryout bags to customers for the purpose of carrying away goods from the point of sale, except as otherwise provided in Section 15.72.030.

(Ord. 12-898 § 2, 2012)

• a. Affected retail establishments may provide or make available to a customer recyclable paper carryout bags for the purpose of carrying away goods or other materials from the point of sale, subject to the terms of this chapter. Nonrecyclable paper carryout bags shall not be provided to customers unless they meet the definition of reusable bag.

• b. Affected retail establishments shall make reusable bags available to customers either for sale or at no charge.

• c. 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. 12-898 § 2, 2012)

• a. Affected retail establishments may distribute produce bags for the purpose of preventing food items from coming into direct contact with other purchased items.

• b. Food providers may distribute plastic carryout bags to customers for the purpose of carrying out prepared take-out foods and liquids intended for consumption away from the food provider's premises, and by vendors at certified farmers' markets.

• (Ord. 12-898 § 2, 2012)

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City of West Hollywood, CA

ENVIRONMENTAL PROTECTION, POLLUTION AND § 15.72.070

§ 15.72.050

• a. Any affected retail establishment that provides a recyclable paper carryout bag to a customer shall charge the customer ten cents ($0.10) for each bag provided, except as otherwise provided in this chapter.

• b. No affected retail establishment shall rebate or otherwise reimburse a customer any portion of the ten-cent ($0.10) charge required in subsection a, except as otherwise provided in this chapter.

• c. All affected retail establishments shall indicate on the customer receipt the number of recyclable paper carryout bags provided and the total amount charged for the bags.

• d. All monies collected by a retail establishment under this chapter shall be retained by the store and shall be used only for the following purposes: (1) costs associated with complying with the requirements of this chapter; (2) actual costs of providing recyclable paper carryout bags; or (3) costs associated with a store's educational materials or education campaign encouraging the use of reusable bags, if any.

• (Ord. 12-898 § 2, 2012)

All affected retail establishments must 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 in either 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. 12-898 § 2, 2012)

• a. The City Manager, or designee, shall enforce the provisions of this chapter. Nothing in this chapter shall be construed to create a private cause of action. The City Manager or designee, shall be authorized to establish regulations and to take any and all actions reasonable and necessary to obtain compliance with this chapter, including, but not limited to, inspecting any retail establishment's premises to verify compliance.

• b. If the City Manager, or designee, determines that a violation of this chapter has occurred, he or she will issue a written warning notice to the operator of a store that a violation has occurred and the potential penalties that will apply for future violations.

• c. Any person that violates or fails to comply with any of the requirements of this chapter after a written warning notice has been issued for that violation shall be subject to the administrative citation procedures in Chapter 1.08.

• d. The City Attorney may seek legal, injunctive, or other equitable relief to enforce this chapter.

• e. Each violation of this chapter shall be considered a separate offense.

• f. The remedies and penalties provided in this section are cumulative and not exclusive, and nothing in this chapter shall preclude any person from pursuing any other remedies

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City of West Hollywood, CA

WEST HOLLYWOOD CODE

§ 15.72.070

§ 15.72.080

provided by law. (Ord. 12-898 § 2, 2012)

Nothing in this chapter is intended to create any requirement, power or duty that is in conflict with any federal or state law.

(Ord. 12-898 § 2, 2012)

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City of West Hollywood, CA

ENVIRONMENTAL PROTECTION, POLLUTION AND

§ 15.76.010

§ 15.76.020