Chapter 8.21
REUSABLE BAGS
Sections:
8.21.010 Definitions.
A. “Carryout bag” means any bag that is provided by a retail establishment at the check stand, cash register, point of sale or other point of departure to a customer for use to transport or carry away purchases such as merchandise, goods or food from the retail establishment. Carryout bags do not include:
1. Bags used by consumers inside stores to package bulk items, such as fruit, vegetables, nuts, grains, candy, greeting cards or small hardware items such as nails, bolts or screws, contain or wrap frozen foods, meat or fish regardless of whether they are prepackaged, contain or wrap flowers, potted plants or other items where dampness may be a problem, contain unwrapped prepared foods or bakery goods or contain prescription drugs; or
2. A bag used to protect a purchased item from damaging or contaminating other purchased items when placed in a recyclable paper bag or reusable bag, such as prepared take-out foods or prepared liquids intended for consumption away from the retail establishment; or
3. Newspaper bags, door-hanger bags, tire bags, laundry-dry cleaning bags or bags sold in packages containing multiple bags for uses such as food storage, garbage, pet waste or yard waste; or
4. Paper bags which are smaller than one-eighth barrel size (smaller than eight hundred eighty-two cubic inches).
B. “Recyclable paper carryout bag” means a paper carryout bag one-eighth barrel size or larger (eight hundred eighty-two cubic inches or larger) provided by a store to a customer at the point of sale that:
1. Contains an average of forty percent postconsumer recycled materials;
2. Is accepted for recycling in curbside programs in a majority of households that have access to curbside recycling programs in the city;
3. Is capable of composting, consistent with the timeline and specifications of the American Society of Testing and Material (ASTM) Standard D6400, as published in Master Environmental Assessment on Single Use and Reusable Bags, March 2010; and
4. Printed on the recyclable paper carryout bag is the minimum percentage of postconsumer content.
C. “Retail establishment” means any person, corporation, partnership, business, facility, vendor, organization or individual that sells or provides merchandise, goods, or materials, including, without limitation, clothing, food, or personal items of any kind, directly to a consumer; retail establishment includes, by way of example, and not limitation, any grocery store, department store, hardware store, pharmacy, liquor store, restaurant, catering truck, convenience store, and any other retail store or vendor, including temporary ones at farmers markets, street fairs, and festivals.
D. “Reusable carryout bag” means a bag made of cloth or other material with handles that is specifically designed and manufactured for long-term 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 capacity 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. Is machine washable or made from a material that can be cleaned or disinfected; and
3. If made of film plastic, is a minimum of at least two and one-quarter mils thick.
E. “Single-use plastic carryout bag” means a carryout bag that is less than two and one-quarter mils thick and is made from plastic or any nonrenewable resource.
F. “Pass-through charge” means a charge to be collected by retailers from their customers when providing plastic or recyclable paper carryout bags, and retained by retailers to offset the cost of bags and other costs related to the pass-through charge. (Ord. 3643-18 § 1, 2018)
8.21.020 Regulations.
A. No retail establishment in the city shall provide a carryout bag to a customer unless otherwise permitted pursuant to this chapter.
B. No retail establishment shall distribute a carryout bag at any city facility, city-managed concession, city-sponsored event, or city-permitted event unless otherwise permitted pursuant to this chapter.
C. Retail establishments in the city may, subject to this chapter, provide to a customer at the point-of-sale a reusable carryout bag or a recyclable paper carryout bag.
D. A retail establishment may make reusable carryout bags available to customers through sale.
E. Each retail establishment that provides a customer with a plastic reusable carryout bag or a recyclable carryout bag shall collect a pass-through charge of not less than five cents for each bag provided. (Ord. 3643-18 § 2, 2018)
8.21.030 Exemptions.
A. Notwithstanding the requirements contained in this chapter, a retailer may not collect a pass-through charge from anyone with a voucher or electronic benefits card issued under programs including, but not limited to, Women, Infants, and Children (WIC); Temporary Assistance to Needy Families (TANF); Federal Supplemental Nutrition Assistance Program (SNAP), also known as Basic Food; and the Washington State Food Assistance Program (FAP).
B. Food banks and other food assistance programs are exempt from the requirements for this chapter.
C. The mayor or designee may exempt a retail establishment from the requirements of this chapter for up to a one-year period, upon a request by the retail establishment showing that the conditions of this chapter would cause undue hardship. An “undue hardship” shall only be found in:
1. Circumstances or situations unique to the particular retail establishment, such that there are no reasonable alternatives to single-use plastic carryout bags or a pass-through charge cannot be collected; or
2. Circumstances or situations unique to the retail establishment, such that compliance with the requirements of this chapter would deprive a person of a legally protected right.
D. If a retail establishment requires an exemption beyond the initial exemption period, the retail establishment must reapply prior to the end of the exemption period and must demonstrate continued undue hardship if it wishes to have the exemption extended. Extensions may only be granted for intervals not to exceed one year.
E. An exemption request shall include all information necessary for the city to make its decision, including, but not limited to, documentation showing the factual support for the claimed exemption. The mayor or designee may require the applicant to provide additional information to permit the city to determine facts regarding the exemption request.
F. The mayor or designee may approve the exemption request, in whole or in part, with or without conditions.
G. Exemption decisions are effective immediately. A party aggrieved by a final decision may appeal or seek review of the decision in accordance with applicable law. Unless another period of time applies under applicable law or court rule, an appeal of the decision must be filed within twenty-one calendar days from the date the final decision was served personally or placed in the United States mail, postage prepaid and properly addressed.
H. The city council may, by resolution, establish a fee for exemption requests. The fee shall be sufficient to cover the costs of processing the exemption request. (Ord. 3643-18 § 3, 2018)
8.21.040 Violations.
A. It shall be unlawful to violate or be in conflict with this chapter. Each day, defined as the twenty-four-hour period beginning at 12:01 a.m., in which violation of this chapter occurs, shall constitute a separate violation.
B. Any person, firm, business, corporation, or association or any agent thereof who violates any of the provisions of this chapter shall be subject to the provisions of Chapter 1.20. In the event an appeal of an order issued pursuant to Chapter 1.20 is not subject to Chapter 36.70C RCW (the Land Use Petition Act), appeal shall be by writ of certiorari.
C. Upon a first violation of any part of this chapter, a notice of violation may issue to the offending person, firm, business, corporation, or association or any agent thereof. The notice of violation shall contain the date of and alleged type of violation. The notice of violation shall be regarded as a warning and no other sanctions shall be implemented. Notice shall be served upon the premises to the highest ranking employee currently on duty at the time of delivery.
D. If after the issuance of a notice of violation the offender commits subsequent noncompliance, the penalty for each offense shall be a maximum fine of two hundred fifty dollars.
E. It shall be a violation of this chapter for any retail establishment to penalize, discipline, or discriminate against any employee for performing any duty necessary to comply with this chapter. (Ord. 3643-18 § 4, 2018)
8.21.050 Effective date.
The ordinance codified in this chapter shall become effective on September 30, 2019. (Ord. 3643-18 § 5, 2018)
8.21.060 Severability.
Should any section, subsection, paragraph, sentence, clause or phrase of this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The city council of the city of Everett hereby declares that it would have adopted this chapter and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, clauses, phrases or portions be declared invalid or unconstitutional. (Ord. 3643-18 § 6, 2018)