Chapter 6.05
SINGLE-USE CARRY-OUT BAG REGULATIONS
Sections:
6.05.020 Single-use carry-out bag regulations.
6.05.040 Recordkeeping and verification.
6.05.050 Regulations – Enforcement.
6.05.010 Definitions.
“Customer” means any person obtaining goods from a retail establishment.
“Dry cleaners” means a retail establishment where clothing or other fabrics are dropped off for dry cleaning and/or laundering and where the operation and maintenance of the laundry and dry cleaning equipment may or may not be located on the premises.
“Food vendor” means a restaurant, or take-out food establishment.
“Nonprofit charitable reuser” means a charitable organization, as defined in Section 501(c)(3) of the Internal Revenue Code, or a distinct operating unit or division of the charitable organization.
“Person” means any natural person, firm, corporation, partnership, or other organization or group, however organized.
“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 by-products generated from, and commonly reused within, an original manufacturing and fabrication process.
“Prepared food” means foods 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.
“Recyclable” means material that can be sorted, cleansed, and reconstituted using the authorized and 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.
“Recycled content 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 tree fiber and a minimum of forty percent post-consumer recycled content; is one hundred percent recyclable; and the paper bags would either need to be imprinted in a highly visible manner on the outside of the bag indicating they contain at least forty percent post-consumer content and the wording reusable and recyclable, or retail establishments would need to provide alternate verification of that fact.
“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 Millbrae. “Retail establishment” does not include food vendors, dry cleaners or nonprofit charitable reusers.
“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 subsection 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 machine washable or capable of being cleaned and disinfected; (4) does not contain lead, cadmium, or any other heavy metal in toxic amounts as defined by applicable state and federal standards and regulations for packaging or reusable bags; and (5) made of durable material such as cloth or if plastic is at least 2.25 mils thick. A “reusable bag” may be made of recyclable plastic such as polyethylene or polypropylene.
“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 do not include bags without handles provided to the customer (1) to transport produce, bakery items, bulk food or meat from a bakery, produce, 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 content paper bag; (4) that hold dry-cleaned garments; (5) that hold live plants; or (6) for small hardware; or (7) to protect delivered newspapers. (Ord. 742, § 1).
6.05.020 Single-use carry-out bag regulations.
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 except as provided in this section starting on September 1, 2012.
B. On or after September 1, 2012, a retail establishment shall make available for sale to a customer a recycled content paper bag for a minimum charge of ten cents.
C. Beginning September 1, 2012, a retail establishment may distribute reusable bags to customers; provided, that such bags shall be made available to customers for a per bag charge, although such bags may be distributed for free during time-limited store promotions.
D. Notwithstanding this section, no retail establishment may make available for sale a recycled content paper bag unless the charge for providing the recycled content paper bag is separately itemized on the sale receipt.
This chapter will become operative on September 1, 2012, for retail establishments. (Ord. 742, § 1).
6.05.030 Exemptions.
The regulations of this chapter will not apply in the following circumstances:
A. Provision of single-use carry-out bags used by food vendors, dry cleaners and nonprofit charitable reusers.
B. Provision of bags without handles to the customer (1) to transport produce, bakery items, bulk food or meat from a bakery, produce, 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 content paper bag; (4) that hold dry-cleaned garments; (5) that hold live plants; (6) for small hardware; or (7) to protect delivered newspapers.
C. Notwithstanding any other law, a retail establishment may provide customers participating in the California Special Supplemental Food Program for Women, Infants, and Children (WIC) and customers participating in the Supplemental Nutrition Assistance Program (SNAP – formerly food stamps) with reusable bags or recycled content paper bags at no charge at point of sale.
D. Affected businesses will be exempted from the provisions of this chapter if the city manager or his/her designee finds that due to the nature of the business where a specialty bag is provided for point of sale purchases or there are no suitable alternatives to single-use carry-out bags or the imposition of the requirements of this chapter would cause undue hardship. No such exemptions shall be granted until regulations are in place to guide the city manager or his/her designee in applying this exemption. (Ord. 742, § 1).
6.05.040 Recordkeeping and verification.
Every retail establishment shall keep complete and accurate records or documents of the provision of any recycled paper bag by the retail establishment, for a minimum period of three years from the date of distribution, which record shall be available for inspection at no cost to the city during regular business hours by any city employee authorized to enforce this chapter. Unless an alternative location or method of review is mutually agreed upon, the records or documents shall be available at the retail establishment address. The provision of false information to the city, including incomplete records, shall be a violation of this section. (Ord. 742, § 1).
6.05.050 Regulations – Enforcement.
A. The city manager or his/her designee will have primary responsibility for enforcement of this chapter. The city manager or his/her designee is authorized to promulgate regulations and to take any and all other actions reasonable and necessary to enforce this chapter, including, but not limited to, entering the premises of any retail establishment to verify compliance in accordance with applicable law.
B. If the city manager or his/her designee determines that a violation of this chapter has occurred, he/she will issue a written warning notice to the retail establishment for the first violation.
C. If the retail establishment engages in subsequent violations of this chapter, the city may pursue any available legal remedies, including those contained in Chapter 1.05 MMC as well as any injunctive or other equitable relief in court to seek redress and enforce the regulations of this chapter. (Ord. 742, § 1).