Chapter 8.22
SOLID WASTE AND PLASTIC BAG REDUCTION
Sections:
8.22.030 Regulations—Types of carryout bags permitted at retail establishments.
8.22.050 Pass-through bag charge.
8.22.070 Remedies or penalties.
8.22.010 Purpose.
The purpose of this chapter is to promote more sustainable practices in the city by encouraging the use of reusable bags for carryout items in retail establishments and encouraging reduced use of paper bags starting in 2012, and to prohibit the use of single-use plastic carryout bags starting January 1, 2013. (Ord. 1294 § 1 (part), 2011)
8.22.020 Definitions.
The following definitions shall apply:
“Checkout bag” means a bag that is provided by a retail establishment 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.
“Food provider” means any person or establishment in the city of Mukilteo, 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, convenience stores, liquor stores and gasoline stations.
“Pharmacy” means any retail establishment, where prescriptions, medications, controlled or over the counter drugs, personal care products or health supplement goods or vitamins are sold, but excluding any licensed pharmacy located within a hospital.
“Product bag” means any bag provided to a customer for the use within a retail establishment to assist in the collection or transport of products to the point-of-sale within the retail establishment.
“Recyclable paper bag” or “recyclable paper or other renewable product 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 twenty percent post-consumer recycled content; or is compostable in a green bin; and
3. Displays the word “recyclable” or “compostable” or “one hundred percent post industrial recycled resin” on the outside of the bag or is compostable 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.
“Nonprofit reuser” means a charitable organization, as defined in Section 501(c)(3) of the Internal Revenue Code of 1986, or a distinct operating unit or division of the charitable organization, that reuses and recycles donated goods or materials and receives more than fifty percent of its revenues from the handling and sale of those donated goods or materials.
“Renewable compostable” means made from a renewable material (e.g., corn byproduct) that is also compostable and breaks down or biodegradable and is allowed to be in a solid waste/yard waste green bin,
“Retail establishment” means any commercial business facility engaged in the sale of goods to consumers for ultimate consumption.
“Reusable bag” means a bag with handles that is specifically designed and manufactured for multiple reuse and is either:
4. Made of cloth or other machine washable fabric; and/or
5. Made of durable plastic that is at least two and one-quarter mils thick and is suitable for reuse.
“Single-use plastic carryout bag” means any carryout bag made from plastic, excluding reusable or renewable product bags. (Ord. 1294 § 1 (part), 2011)
8.22.030 Regulations—Types of carryout bags permitted at retail establishments.
A. All retail establishments within the city of Mukilteo shall provide only the following as carryout bags to customers:
1. Reusable bags;
2. Recyclable paper bags;
3. One hundred percent post industrial recycled resin bags; or
4. Bags made from renewable compostable materials.
B. Nothing in this chapter shall be read to preclude retail establishments from making reusable bags available for sale to customers.
C. The city of Mukilteo and the Mukilteo Chamber of Commerce will work with retailers, retail associations, unions and other organizations to create educational elements about the benefits of reusable bags. This may include educational information and employee training and will take place before the operative date, and as needed after January 1, 2013. All retail establishments are strongly encouraged to educate their staff to promote reusable bags as the best option for carryout bags and to post signs encouraging customers to use reusable bags. (Ord. 1294 § 1 (part), 2011)
8.22.040 Operative date(s).
All retail establishments shall comply with the requirements of this chapter by January 1, 2013, and are encouraged to implement as soon as possible before that date. The purpose of this greater than one-year implementation period is to:
A. Allow time for affected retailers to prepare for and adapt to the provisions of this chapter;
B. Allow time for the promotional and educational program to take effect and encourage the use of reusable, paper or renewable material bags; and
C. Enable the mayor and city council to work with members of the community and affected parties to evaluate modifications or alternatives needed to address issues regarding provisions or implementation of this chapter. (Ord. 1294 § 1 (part), 2011)
8.22.050 Pass-through bag charge.
A. Retail establishments may provide a customer a recycled paper bag upon request and may charge the customer a pass-through charge at the retailer’s discretion.
B. Retail establishments shall indicate on the customer transaction receipts the total amount of the pass-through charges. (Ord. 1299 § 1, 2012; Ord. 1294 § 1 (part), 2011)
8.22.060 Exemptions.
The following are exempt from these regulations:
A. Carryout bags do not include:
1. Bags provided solely for produce, bulk food or meat at a produce, bulk food or meat department within a grocery store, supermarket, produce or meat market, farmers market or other similar retail establishment.
2. Bags provided to carry out food cooked or prepared at a restaurant or other similar food and beverage establishment.
3. Bags used by consumers inside stores to:
a. Package bulk items, such as fruit, vegetables, nuts, grains, candy or small hardware items;
b. Contain or wrap frozen foods, meat, fish, whether packaged or not;
c. Contain or wrap flowers, potted plants, or other items where dampness may be a problem;
d. Contain unwrapped prepared foods or bakery goods.
4. Pharmacy prescription bags.
5. Small checkout bags no larger than one pint in volume for small items such as gifts or hardware.
B. Newspaper bags, door-hanger bags, laundry/dry cleaning bags, or bags sold in packages containing multiple bags intended for use as garbage, pet waste, or yard waste bags.
C. Nonprofit charitable reusers who sell and promote the use of reusable bags for clothing and food assistance programs.
D. The mayor, or his or her designee, may exempt a retail establishment from the requirements of this chapter for a period of up to one additional year after the operative date of the ordinance codified in this chapter, upon sufficient showing by the applicant that the provisions of this chapter would cause undue hardship. This request must be submitted in writing to the city within thirty days of the effective date of the ordinance codified in this chapter. Documentation shall include factual support for the claimed exemption and the mayor may require the provision of additional information. The phrase “undue hardship” may include, but is not limited to, the following:
1. Unique situations for which there is no acceptable alternative to using a single-use plastic carryout bag such as protection of product or service or where the product is unique in size or shape.
2. When compliance with the requirements of this chapter would deprive a person of a legally protected right. (Ord. 1294 § 1 (part), 2011)
8.22.070 Remedies or penalties.
A. Upon the comply by date of January 1, 2013, the mayor shall designate a department in the city as the department charged with enforcing the provisions of this chapter. The department head and his or her designees shall be the enforcement officers with authority and powers to issue civil infractions for violations of provisions of this chapter.
B. A violation of any provision of this chapter shall constitute a Class III civil infraction pursuant to Section 1.32.020, as authorized by Chapter 7.80 RCW. Issuance and disposition of infractions issued for violations of this chapter shall be in accordance with Chapter 7.80 RCW. (Ord. 1294 § 1 (part), 2011)