Today's Law As Amended


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SB-405 Solid waste: single-use carryout bags.(2013-2014)



As Amends the Law Today


SECTION 1.

 Chapter 5.3 (commencing with Section 42280) is added to Part 3 of Division 30 of the Public Resources Code, to read:

CHAPTER  5.3. Single-use Carryout Bags
Article  1. Definitions
42280.
 For purposes of this chapter, the following definitions shall apply:
(a) “Department” means the Department of Resources Recycling and Recovery.
(b) “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 byproducts generated from, and commonly reused within, an original manufacturing and fabrication process.
(c) “Recycled paper bag” means a paper carryout bag provided by a store to a customer at the point of sale that meets all of the following requirements:
(1) (A) Except as provided in subparagraph (B), contains a minimum of 40 percent postconsumer recycled materials.
(B) An eight pound or smaller recycled paper bag shall contain a minimum of 20 percent postconsumer recycled material.
(2) Is accepted for recycling in curbside programs in a majority of households that have access to curbside recycling programs in the state.
(3) Has printed on the bag the name of the manufacturer, the country where the bag was manufactured, and the minimum percentage of postconsumer content.
(d) “Reusable grocery bag” on and after July 1, 2016, means a bag that meets the requirements of Section 42281.
(e) “Reusable grocery bag producer” means a person or entity that does any of the following:
(1) Manufactures reusable grocery bags for sale or distribution to a store.
(2) Imports reusable grocery bags into this state, for sale or distribution to a store.
(3) Sells or distributes reusable bags to a store.
(f) (1) “Single-use carryout bag” means a bag made of plastic, paper, or other material that is provided by a store to a customer at the point of sale and that is not a recycled paper bag or a reusable grocery bag that meets the requirements of Section 42281.
(2) A single-use carryout bag does not include either of the following:
(A) A bag provided by a pharmacy pursuant to Chapter 9 (commencing with Section 4000) of Division 2 of the Business and Professions Code to a customer purchasing a prescription medication.
(B) A nonhandled bag used to protect a purchased item from damaging or contaminating other purchased items when placed in a recycled paper bag or reusable grocery bag.
(g) “Store” means a retail establishment that meets any of the following requirements:
(1) A full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000) or more, and that sells a line of dry groceries, canned goods, or nonfood items, and some perishable items.
(2) Has at least 10,000 square feet of retail space 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) and has a pharmacy licensed pursuant to Chapter 9 (commencing with Section 4000) of Division 2 of the Business and Professions Code.
(3) Is a convenience food store, foodmart, or other entity that is engaged in the retail sale of a limited line of goods, generally including milk, bread, soda, and snack foods, and that holds a Type 20 or Type 21 license issued by the Department of Alcoholic Beverage Control.
Article  2. Reusable Grocery Bags
42281.
 (a) On and after July 1, 2016, a reusable grocery bag that is sold pursuant to subdivision (c) of Section 42283 shall meet all of the following requirements:
(1) (A) Be designed and manufactured to withstand, at a minimum, 125 uses.
(B) For purposes of this paragraph, “125 uses” means the capability of carrying a minimum of 22 pounds 125 times over a distance of at least 175 feet.
(2) Is machine washable or made from a material that can be cleaned and disinfected.
(3) Have printed on the bag, or on a tag attached to the bag that is not intended to be removed, and in a manner visible to the consumer the following information:
(A) The name of the manufacturer.
(B) The country where the bag was manufactured.
(C) A recycling symbol or end-of-life management instructions.
(D) The percentage of postconsumer recycled material, if any.
(4) Does not contain lead, cadmium, or any other heavy metal in toxic amounts. This requirement shall not affect any authority of the Department of Toxic Substances Control pursuant to Article 14 (commencing with Section 25251) of Chapter 6.5 of Division 20 of the Health and Safety Code and, notwithstanding subdivision (c) of Section 25257.1 of the Health and Safety Code, the reusable grocery bag shall not be considered as a product category already regulated or subject to regulation.
(5) Complies with Section 260.12 of Part 260 of Title 16 of the Code of Federal Regulations related to recyclable claims if the reusable grocery bag producer makes a claim that the reusable grocery bag is recyclable.
(b) In addition to the requirements in subdivision (a), a reusable grocery bag made from plastic shall meet all of the following requirements:
(1) On and after July 1, 2017, be made from a minimum of 20 percent postconsumer recycled material, except as provided in subdivision (d).
(2) In addition to the information required to be printed on the bag or on a tag, pursuant to paragraph (3) of subdivision (a), all of the following information shall be printed on the bag, or on a tag that complies with that paragraph:
(A) A statement that the bag is a reusable bag and designed for at least 125 uses.
(B) Instructions to return the bag to the store for recycling or to another appropriate recycling location.
(c) A plastic reusable grocery bag that also meets the specifications of the American Society of Testing and Materials (ASTM) Standard Specification for Compostable Plastics D6400, as published in September 2004, is not required to meet the requirements of paragraph (1) of subdivision (b), but shall be labeled in accordance with the applicable state law regarding compostable plastics.
(d) If a plastic reusable grocery bag producer is unable to obtain sufficient amounts of postconsumer recycled material to comply with this article because of unavailability, the producer shall include the greatest amount of postconsumer recycled material possible in the reusable grocery bag even if this amount is less than required by paragraph (1) of subdivision (b) and shall indicate the percentage that is postconsumer recycled material.
42282.
 (a) The department may inspect and audit a reusable grocery bag producer subject to this article with all costs associated with the audit being paid for by the reusable grocery bag producer.
(b) Upon request by the department, a reusable grocery bag producer shall submit laboratory test results from independent, accredited (ISO/IEC 17025) laboratories to the department validating the reusable grocery bag meets the requirements of Section 44281 for each type of reusable grocery bag that is manufactured, imported, sold, or distributed in the state and provided to a store for sale or distribution.
(c) The department may test any reusable grocery bag manufactured by a reusable grocery bag producer and provided to a store for sale or distribution for compliance with this article and the regulations adopted pursuant to this article.
(d) The department may enter into an agreement with other state entities that conduct inspections to provide necessary enforcement of this article.
(e) Notwithstanding Section 42285, a violation of this article shall be subject to an administrative civil penalty assessed by the department in an amount not to exceed five hundred dollars ($500) for the first violation. A subsequent violation may be subject to an increased penalty of up to five hundred dollars ($500) per violation, not to exceed five thousand dollars ($5,000) per violation.
(f) The department shall deposit all penalties collected pursuant to subdivision (e) for a violation of this article into the Reusable Bag Account, which is hereby created in the Integrated Waste Management Fund. The moneys in the Reusable Bag Account shall be expended by the department, upon appropriation by the Legislature, to assist the department with its costs of implementing this article.
Article  3. Single-Use Carryout Bags
42283.
 (a) On and after January 1, 2015, a store, as defined in paragraph (1) or (2) of subdivision (g) of Section 42280, shall not provide a single-use carryout bag to a customer at the point of sale.
(b) On and after July 1, 2016, a store, as defined in paragraph (3) of subdivision (g) of Section 42280, shall not provide a single-use carryout bag to a customer at the point of sale.
(c) (1) On and after July 1, 2016, a store shall make available for purchase by a customer reusable grocery bags that meet the requirements of Section 42281.
(2) On and after July 1, 2016, a store shall not sell or distribute a reusable bag at the point of sale that does not meet the requirements of Section 42281.
(d) A store may make available for purchase at the point of sale a recycled paper bag.
(e) Notwithstanding any other law, on and after January 1, 2015, a store shall provide a customer participating in 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 and a customer participating 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 with a reusable grocery bag or a recycled paper bag at no cost at the point of sale.
(f) Notwithstanding subdivisions (a) and (b), a store may make available for purchase at the point of sale a compostable bag that, at a minimum, meets the American Society for Testing and Materials (ASTM) Standard Specification for Compostable Plastics D6400, if, in the jurisdiction where the compostable bag is sold, both of the following requirements are met:
(1) A majority of the residential households in the jurisdiction have access to curbside collection of foodwaste for composting.
(2) The governing authority for the jurisdiction has voted to allow stores in the jurisdiction to sell to a consumer at the point of sale a compostable bag at a cost not less than the actual cost of the bags.
Article   
Article  4. Enforcement
42285.
 (a) A city, a county, a city and county, or the state may impose civil liability in the amount of five hundred dollars ($500) for the first violation of this chapter, one thousand dollars ($1,000) for the second violation, and two thousand dollars ($2,000) for the third and subsequent violations.
(b) Any civil penalties collected pursuant to subdivision (a) shall be paid to the office of the city attorney, city prosecutor, district attorney, or Attorney General, whichever office brought the action. The penalties collected pursuant to this section by the Attorney General may be expended by the Attorney General, upon appropriation by the Legislature, to enforce this chapter.
(c) The remedies provided by this section shall not be exclusive and shall be in addition to the remedies that may be available pursuant to Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code.
Article  5. Preemption
42287.
 (a) Except as provided in subdivision (c), this chapter is a matter of statewide interest and concern and is applicable uniformly throughout the state. Accordingly, this chapter occupies the whole field of regulation of reusable grocery bags, single-use carryout bags, and recycled paper bags, as defined in this chapter.
(b) On and after January 1, 2014, a city, county, or other local public agency shall not enforce against a store, as defined in subdivision (g) of Section 42280, or otherwise implement, an ordinance, resolution, regulation, or rule adopted on or after September 1, 2013, relating to reusable grocery bags, single-use carryout bags, or recycled paper bags, as defined in this chapter, unless expressly authorized by this chapter.
(c) A city, county, or other local public agency that has adopted, prior to September 1, 2013, an ordinance, resolution, regulation, or rule relating to reusable grocery bags, single-use carryout bags, or recycled paper bags may continue to enforce and implement that ordinance, resolution, regulation, or rule that was in effect before that date. Any amendments to that ordinance, resolution, regulation, or rule on or after January 1, 2014, shall be subject to subdivision (b), except a city, county, or other local public agency may amend that ordinance, resolution, regulation, or rule with regard to the amount that a store shall charge with regard to a recycled paper bag.