Chapter 19.12
SINGLE-USE PLASTIC BAG REDUCTION (Effective 3/20/2024)
Sections:
19.12.030 Single-use carry-out bags prohibited.
19.12.040 Customer-provided carry-out bags.
19.12.050 Recyclable and compostable carry-out bag charge.
19.12.060 Recyclable/compostable pre-checkout/produce bag.
19.12.070 Administration, enforcement, and penalties.
19.12.010 Purposes.
The purposes of this chapter are to reduce waste and pollution and protect the environment by minimizing the distribution of single-use plastic bags. (Ord. 759 § 2 (Exh. A), 2023; Ord. 703 § 2, 2014).
19.12.020 Definitions.
For purposes of this chapter, the following definitions shall apply:
A. “Compostable” means that (1) all materials in a product, item, or packaging will break down, or otherwise become part of usable compost (e.g., soil-conditioning material, mulch) in a safe and timely manner, as defined by City-contracted collection program(s), (2) item is certified by either BPI certified, or other third-party product certification recognized by the City, to ensure that the item is free of harmful chemicals, including but not limited to fluorinated chemicals that may have been used in foodware manufacture, and (3) item is made entirely of natural fiber except as otherwise specified in this chapter.
1. “Compostable” shall not include items composed wholly or partially of plastic of any kind, including any form of polylactic acid (PLA), and/or plastic labeled “biodegradable” or “Compostable,” as these are not biodegradable by City-contracted collection program(s).
2. “Compostable” shall not include lined or coated takeout coffee or other hot drink cups as they are currently not compostable by City-contracted collection program(s).
B. “Designated business” means (1) any store, shop, sales outlet, tasting room, farmers market, and any other establishments that hold a Type 20 or Type 21 off-sale alcoholic beverage sales license; and (2) any restaurant, grocery store, coffee shop, hotel, motel, bed and breakfast inn, roadside stand, takeout food vendor, caterer, theater, and any other establishment not mentioned above that serves or provides a product to customers and 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) unless exempted in this chapter.
C. “Natural fiber” means plant or animal-based, nonsynthetic fiber that is compostable, including but not limited to products made from uncoated paper, sugarcane, bamboo, wheat stems/stalk, hay, wood, etc. Natural fiber shall not include items composed wholly or partially of plastic of any kind.
D. “Person” means and includes a natural person or legal entity, and the owners, majority stockholders, corporate officers, trustees, and general partners of a legal entity.
E. “Pre-checkout bag” or “produce bag” means a recyclable or compostable paper bag, or compostable bag made from plant-based biodegradable polymers (e.g., BioBag) provided or sold to a customer to carry produce, bulk food, or other food items to the point of sale inside a store. Pre-checkout bag shall not include items composed wholly or partially of plastic of any kind, except as exempted in this chapter.
F. “Post-consumer recycled material” means 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.
G. “Recyclable” means material that can be sorted, cleaned, and reconstituted by City-contracted collection program(s) for the purpose of using the altered form in the manufacturing of a new product.
H. “Recyclable paper bag” means a paper bag that contains no old growth fiber and a minimum of 40 percent post-consumer recycled material, is accepted for curbside recycling in Calistoga, and has printed on the outside of the bag the word “Recyclable,” the name and location of the manufacturer, and the percentage of post-consumer recycled content.
I. “Reusable carry-out bag” means a bag that meets all of the following criteria and any additional requirements established by the State of California:
1. Is at least 2.25 mils (thousandths of an inch) thick.
2. Has one or more handles.
3. Has a minimum lifetime capability of 125 or more uses carrying 22 or more pounds over a distance of at least 175 feet.
4. Is at least 15 liters in volume.
5. Is machine washable or made from a material that can be cleaned and disinfected.
6. Meets the standards of the California Toxics in Packaging Prevention Act, as amended, or any successor legislation.
7. Is not made of plastic film, regardless of thickness.
J. “Single-use carry-out bag” means a bag provided to a customer at a checkout 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 carry-out bag” specifically excludes:
1. Reusable carry-out bags.
2. Recyclable paper bags.
3. Compostable paper bags or compostable bags made from plant-based biodegradable polymers (e.g., BioBag).
4. Customer-provided bags.
5. Pre-checkout or produce bags. (Ord. 759 § 2 (Exh. A), 2023; Ord. 703 § 2, 2014).
19.12.030 Single-use carry-out bags prohibited.
A. No designated business shall provide a single-use carry-out bag to a customer except as exempted in this chapter. Designated businesses are encouraged to voluntarily begin compliance with this chapter prior to the effective date of the ordinance codified in this chapter.
B. The following items or activities are exempted from the provisions set forth in this chapter:
1. Government or charitable food distribution centers, such as food banks that repackaging bulk food items in plastic bags for preservation and delivery.
2. When no compliant product is available that protects public health and safety such as the packaging of butchered meats, fish, and/or poultry sold from a butcher counter, butcher case or similar retail appliance.
3. In situations deemed by the City Manager or their designee to be an emergency and procuring and distributing emergency supplies and services for the immediate preservation of the public health, safety, and welfare.
4. Designated businesses may provide single-use carry-out plastic bags for liquid food items, such as soup, drinks, foods with liquid sauces, etc., where there is a clear need to prevent leakage, or when leakage from melting/defrosting frozen item(s) is likely.
5. Nothing in this chapter shall prevent designated businesses from selling bulk plastic bags for food storage, trash, pet waste, etc.
6. Nothing in this chapter shall prevent designated businesses from selling compliant reusable carry-out bags not provided as part of checkout. (Ord. 759 § 2 (Exh. A), 2023; Ord. 703 § 2, 2014).
19.12.040 Customer-provided carry-out bags.
A. Nothing in this chapter shall prohibit customers from using their own bags or containers of any type for the transport of merchandise from a designated business, including transport of takeout food and restaurant leftovers except as exempted in this chapter.
B. Designated businesses shall not require a customer to purchase or accept a carry-out bag of any kind, including compliant bags, as a condition of sale, with the following exceptions:
1. Designated businesses may deny use of customer-provided bags or containers for takeout food orders during high-traffic periods when doing so will interfere with timely provision of pre-packaging for pre-orders and curbside orders.
2. Designated businesses may refuse, at their sole discretion, any customer-provided bag or container that is cracked, chipped or corroded, appears inappropriate in size, material, or condition for the intended food item, or that appears to be excessively soiled or unsanitary. (Ord. 759 § 2 (Exh. A), 2023).
19.12.050 Recyclable and compostable carry-out bag charge.
A. Except as provided in subsection (C) of this section, no designated business shall provide a compostable or recyclable paper bag to a customer for the purpose of transporting merchandise out of the establishment unless:
1. The designated business charges the customer a minimum amount of $0.25 per bag or other amount set by resolution of the City Council; and
2. The amount of the charge for each recycled paper bag is separately itemized on the sales receipt provided by the establishment to the customer.
B. Designated businesses may not rebate or otherwise reimburse a customer any portion of the charge required for an allowable carry-out bag.
C. Designated businesses may provide reusable carry-out bags, recyclable paper bags, or compostable bags at no cost to a customer who is participating in the California Special Supplemental Food Program for Women, Infants, and Children pursuant to Article 2 of Chapter 1 of Part 2 of Division 106 of the Health and Safety Code, or a customer who is participating in the Supplemental Food Program pursuant to Chapter 10 of Part 3 of Division 9 of the Welfare and Institutions Code. (Ord. 759 § 2 (Exh. A), 2023; Ord. 703 § 2, 2014. Formerly 19.12.040).
19.12.060 Recyclable/compostable pre-checkout/produce bag.
A. Pre-checkout/produce bags provided by a designated businesses shall be compostable or recyclable as defined in this chapter.
B. No designated business shall provide non-compliant pre-checkout bags to a customer except as exempted in this chapter. Designated businesses are encouraged to voluntarily begin compliance with this chapter prior to the effective date of the ordinance codified in this chapter.
C. The following items or activities are exempted from the provisions set forth in this chapter:
1. Government or charitable food distribution centers, such as food banks that repackage bulk food items in plastic bags for preservation and delivery.
2. When no compliant product is available that protects public health and safety such as the packaging of butchered meats, fish, and/or poultry sold from a butcher counter, butcher case or similar retail appliance.
3. In situations deemed by the City Manager or their designee to be an emergency and procuring and distributing emergency supplies and services for the immediate preservation of the public health, safety, and welfare.
4. Designated businesses may provide single-use plastic bags for liquid food items, such as soup, drinks, foods with liquid sauces, etc., where there is a clear need to prevent leakage, or when leakage from melting/defrosting frozen item(s) is likely.
5. Nothing in this chapter shall prevent designated businesses from selling bulk plastic bags for food storage, trash, pet waste, etc. (Ord. 759 § 2 (Exh. A), 2023).
19.12.070 Administration, enforcement, and penalties.
A. The City Manager or designee shall have primary responsibility for the enforcement of this chapter. The City Manager or their designee is authorized to establish regulations and to take any and all action reasonable and necessary to obtain compliance including, but not limited to, inspecting the premises of any designated business to verify compliance.
B. Any person who violates any provision of this chapter shall be considered guilty of an infraction for each offense and subject to those penalties as established by resolution of the City Council.
C. In addition to any other remedy available, any violation of this chapter by any person is subject to the following administrative fines pursuant to California Government Code Section 53069.4, and Chapter 1.08 CMC in the amount not exceeding $100.00 for a first violation; a fine not exceeding $200.00 for a second violation of the same code section within one year; or a fine not exceeding $500.00 for each additional violation of the same code section within one year.
D. The City of Calistoga may seek legal, injunctive, or other equitable relief to enforce this chapter. (Ord. 759 § 2 (Exh. A), 2023; Ord. 703 § 2, 2014. Formerly 19.12.050).