City of Culver City, California
Agenda Item Report
RECOMMENDATION:
Staff recommends the City Council provide a policy position on AB 298 (Brownley),
as amended - solid waste: single-use carryout bags.
BACKGROUND/DISCUSSION:
Existing law, until January 1, 2013, requires an operator of a store, as defined, to
establish an at-store recycling program that provides to customers the opportunity to
return clean plastic carryout bags to that store and prohibits a city, county, or other
local public agency from taking specified regulatory actions with regard to the
recycling of plastic carryout bags. With specified exceptions, AB 298 would, as of
January 1, 2014, prohibit stores that have a specified amount of dollar sales or retail
floor space from providing a single-use carryout bag to a customer. The bill would
require these stores to meet other specified requirements regarding providing
recycled paper bags, compostable bags, or reusable bags to customers. AB 298
would also require these stores, on and after January 1, 2013, to provide a plastic
bag collection bin for their customers, for the purpose of collecting and recycling
single-use plastic bags and reusable bags.
AB 298 would, on and after July 1, 2015, additionally impose these prohibitions and
requirements on convenience food stores, food marts, and certain other specified
stores, except for the requirement to provide plastic bag collection bins. The Bill
would, beginning January 1, 2015, require a reusable grocery bag producer to
submit to the Department of Resources Recycling and Recovery (Department) a
biennial certification, including a certification fee established by the Department, that
certifies that each type of reusable grocery bag that is imported, manufactured, sold,
Meeting Date: 07/23/12 Item Number: A-3
CITY COUNCIL AGENDA ITEM: Consideration of a Policy Position on Assembly
Bill 298 – Solid Waste: Single-Use Carryout Bags.
Contact Person/Dept.: Shelly Wolfberg Phone Number: (310) 253-6008
Fiscal Impact: Yes [X] No [] General Fund: Yes [X] No []
Public Hearing: [] Action Item: [X] Attachments: [X]
Commission Action Required: Yes [] No [X] Date:
Public Notification: Meetings and Agendas – City Council (07/20/12); Ongoing Topics-
Sustainability and Environmental Issues (07/20/12); Office of Assemblymember Julia
Brownley (07/18/12)
Department Approval:
Martin R. Cole (07/19/12)
City Attorney Approval:
Carol Schwab (by H. Baker) (07/17/12)
Chief Financial Officer Approval:
Jeff Muir (by N. Kimball) (07/19/12)
City Manager Approval:
John Nachbar (07/20/12) City of Culver City, California
Agenda Item Report
or distributed in the state and provided to a store for sale or distribution meets
specified requirements. AB 298 would require the Department to deposit the
certification fees into the Reusable Bag Account, which would be established by the
Bill in the Integrated Waste Management Fund and expended under specified terms.
The bill would require the Department, by January 1, 2016, to submit a report to the
Legislature regarding the implementation of the bill's provisions. The bill would
repeal this report requirement on January 1, 2017.
The bill would allow a city, county, or city and county, or the state to impose civil
penalties for a violation of the bill's requirements, except for the certification
requirements. The bill would require these civil penalties to be paid to the office of
the city attorney, city prosecutor, district attorney, or Attorney General, whichever
office brought the action, and would allow the penalties collected by the Attorney
General to be expended by the Attorney General, upon appropriation by the
Legislature, to enforce the bill's provisions.
Local agencies spend considerable funds to dispose of plastic bags and clean up
discarded plastic bags. If AB 298 becomes law, fewer plastic bags would enter the
City’s waste stream and storm drain system. The City’s current Legislative
Advocacy Program allows for the support of “reasonable environmental regulations
aimed at enhancing air and water quality and reducing storm water pollution that will
provide for corresponding funding mechanisms and will not become a financial
burden to the City”.
The Sustainability Subcommittee (Vice Mayor Cooper/Council Member Sahli-Wells)
has considered this proposed legislation, supports the bill, and recommended
consideration of the bill by the City Council.
FISCAL ANALYSIS:
There is no fiscal impact to the City to take a policy position on AB 298.
ATTACHMENTS:
AB 298 Amended Bill Text-Amended in the Senate on June 18, 2012.
MOTION:
That the City Council: City of Culver City, California
Agenda Item Report
1. Consider AB 298, and, if desired, take a policy position to support, support if
amended, or oppose the bill; and,
2. Direct the City Manager to prepare a letter for the Mayor’s signature
consistent with the policy position, if any, taken by the City Council.
MEETING DATE: July 23, 2012
AGENDA ITEM: Consideration of Support for Assembly Bill 298.
ATTACHMENTS
Pages
AB 298 Amended Bill Text-Amended in the Senate on June 18,
2012.
1-13
AMENDED IN SENATE JUNE 18, 2012
AMENDED IN ASSEMBLY APRIL 14, 2011
AMENDED IN ASSEMBLY MARCH 30, 2011
california legislature—2011–12 regular session
ASSEMBLY BILL No. 298|1010101010|Introduced by Assembly Member Brownley
(Principal coauthor: Assembly Member Chesbro)
(Coauthors: Assembly Members Dickinson, Huffman, and Ma)
(Coauthors: Senators De León and Evans)
February 9, 2011
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An act to add Chapter 5.2 (commencing with Section 42280) to Part
3 of Division 30 of the Public Resources Code, relating to recycling
5.3 (commencing with Section 42280) to Part 3 of Division 30 of, and
to repeal Section 42289 of, the Public Resources Code, relating to solid
waste.
legislative counsel
’
s digest
AB 298, as amended, Brownley. Recycling: reusable bags. Solid
waste: single-use carryout bags.
Existing law, until January 1, 2013, requires an operator of a store,
as defined, to establish an at-store recycling program that provides to
customers the opportunity to return clean plastic carryout bags to that
store and prohibits a city, county, or other local public agency from
taking specified regulatory actions with regard to the recycling of plastic
carryout bags.
With specified exceptions, the bill would, as of January 1, 2014,
prohibit stores that have a specified amount of dollar sales or retail
floor space from providing a single-use carryout bag to a customer.
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1The bill would require these stores to meet other specified requirements
regarding providing recycled paper bags, compostable bags, or reusable
bags to customers.
The bill would also require these stores, on and after January 1, 2013,
to provide a plastic bag collection bin for their customers, for the
purpose of collecting and recycling single-use plastic bags and reusable
bags.
The bill would, on and after July 1, 2015, additionally impose these
prohibitions and requirements on convenience food stores, foodmarts,
and certain other specified stores, except for the requirement to provide
plastic bag collection bins.
The bill would, beginning January 1, 2015, require a reusable grocery
bag producer to submit to the Department of Resources Recycling and
Recovery a biennial certification, including a certification fee
established by the department, that certifies that each type of reusable
grocery bag that is imported, manufactured, sold, or distributed in the
state and provided to a store for sale or distribution meets specified
requirements. The bill would require the department to deposit the
certification fees into the Reusable Bag Account, which would be
established by the bill in the Integrated Waste Management Fund. The
bill would require that moneys in the account be expended by the
department, upon appropriation by the Legislature, to implement the
certification requirements. A violation of these certification requirements
would be subject to an administrative civil penalty assessed by the
department. The department would be required to deposit these penalties
into the Penalty Subaccount, which the bill would create in the Reusable
Bag Account, for expenditure by the department, upon appropriation
by the Legislature, to implement the certification requirements.
The bill would require the department, by January 1, 2016, to submit
a report to the Legislature regarding the implementation of the bill’s
provisions. The bill would repeal this report requirement on January
1, 2017.
The bill would allow a city, county, or city and county, or the state
to impose civil penalties for a violation of the bill’s requirements, except
for the certification requirements. The bill would require these civil
penalties to be paid to the office of the city attorney, city prosecutor,
district attorney, or Attorney General, whichever office brought the
action, and would allow the penalties collected by the Attorney General
to be expended by the Attorney General, upon appropriation by the
Legislature, to enforce the bill’s provisions.
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2Existing law, part of the California Integrated Waste Management
Act of 1989, as administered by the Department of Resources Recycling
and Recovery, requires an operator of a store, as defined, to establish
an at-store recycling program that provides customers the opportunity
to return clean plastic carryout bags to that store and to make reusable
bags available to customers. A violation of these requirements is subject
to civil liability penalties imposed by a local agency or the state. These
requirements are repealed on January 1, 2013.
This bill would prohibit a manufacturer from selling or distributing
a reusable bag, as defined, in this state if the bag is designed or intended
to be sold or distributed to a store’s customers, unless the guidelines
for the cleaning and disinfection of the bag are printed on the bag or on
a tag attached to the bag.
V ote: majority. Appropriation: no. Fiscal committee: no yes.
State-mandated local program: no.
The people of the State of California do enact as follows:|101010101010101010 10
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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:
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(1) (A) Except as provided in subparagraph (B), the paper
carryout bag 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) Is capable of composting, consistent with the timeline and
specifications of the American Society of Testing and Materials
(ASTM) Standard Specification for Compostable Plastics D6400.
(4) Has printed on the bag the name of the manufacturer, the
location (country) where the bag was manufactured, and the
minimum percentage of postconsumer content.
(d) (1) “Reusable grocery bag” on or before June 30, 2015,
means either of the following:
(A) A bag made of cloth or other machine washable fabric that
has handles.
(B) A durable plastic bag with handles that is at least 2.25 mils
thick and specifically designed for multiple reuses.
(2) “Reusable grocery bag” on and after July 1, 2015, means
a bag that meets the requirements of Section 42287.
(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 reusable grocery bag that
meets the requirements of Section 42287, on and after July 1, 2015,
and paragraph (1) of subdivision (d) of this section on or before
June 30, 2015.
(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
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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 which sells a
line of dry grocery, 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 21 license issued by the Department of Alcoholic
Beverage Control.
Article 2. Carryout Bag Regulation
42281. (a) Except as provided in Section 42282, the
requirements of this section apply only to a store, as defined in
paragraph (1) or (2) of subdivision (g) of Section 42280.
(b) (1) On and after January 1, 2014, a store shall not provide
a single-use carryout bag to a customer at the point of sale, except
as provided in this section.
(2) On January 1, 2014, until June 30, 2015, a store may provide
to a customer a reusable grocery bag, as defined in paragraph (1)
of subdivision (d) of Section 42280.
(3) On and after July 1, 2015, a store shall only provide to a
customer a reusable grocery bag, as defined in paragraph (2) of
subdivision (d) of Section 42280, that meets the requirements of
Section 42287.
(c) A store may make reusable grocery bags available for
purchase by a customer.
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(d) Notwithstanding any other law, on and after January 1,
2014, 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 F ood 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.
(e) Notwithstanding subdivision (b), a store may make available
for purchase at the point of sale a recycled paper bag.
(f) Notwithstanding subdivision (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 both of the following requirements are met in the jurisdiction
where the compostable bag is sold:
(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.
42282. On and after July 1, 2015, a store as defined in
paragraph (3) of subdivision (g) of Section 42280, shall comply
with the same requirements of this article that are imposed upon
a store, as defined in paragraph (1) or (2) of subdivision (g) of
Section 42880.
Article 3. Plastic Bag Collection
42283. (a) (1) On and after January 1, 2013, a store, as
defined in paragraphs (1) and (2) of subdivision (g) of Section
42280, shall place a plastic bag collection bin at the store in a
manner that is visible and easily accessible to the customer, and
that is clearly marked to notify customers that the collection bin
is available for the purpose of collection and recycling of plastic
single-use carryout bags and plastic reusable bags.
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(2) The requirement of this subdivision shall apply to a store
notwithstanding that the store is prohibited from providing
single-use carryout bags to its customers.
(b) All plastic bags collected by the store shall be collected,
transported, and recycled in a manner that does not conflict with
the local jurisdiction’s source reduction and recycling element,
pursuant to Chapter 2 (commencing with Section 41000) and
Chapter 3 (commencing with Section 41300) of Part 2.
Article 4. Reusable Grocery Bags
42287. (a) On and after July 1, 2015, a reusable grocery bag
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 location (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) It shall 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) If the reusable grocery bag producer makes a claim that it
is recyclable, the producer shall demonstrate compliance with the
regulations adopted by the Federal Trade Commission.
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(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, 2016, 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) (1) If a plastic reusable grocery bag producer is unable to
obtain sufficient amounts of postconsumer recycled material to
comply with this article within a reporting period because of
unavailability, the producer shall demonstrate to the department
the actions taken by that plastic reusable grocery bag producer
to find that postconsumer recycled material.
(2) A plastic reusable grocery bag producer making the
demonstration in paragraph (1) shall make a reasonable effort to
identify available supplies of postconsumer recycled material
before submitting a certification containing this information to
the department pursuant to Section 42288.
(3) A plastic reusable grocery bag 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.
42288. (a) On or before January 1, 2015, and on January 1
every two years thereafter on a schedule and in a manner
determined by the department, a reusable grocery bag producer
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shall submit a certification to the department 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 that meets the requirements of Section 42287.
(b) A reusable grocery bag producer shall submit a fee, as
established pursuant to subdivision (e), to the department with
each certification submitted.
(c) The department shall provide a system to submit
certifications online.
(d) On and after July 1, 2015, the department shall publish a
list on its Internet Web site that includes both of the following:
(1) The name, location, and appropriate contact information
of a reusable grocery bag producer that is in compliance with this
article.
(2) The reusable grocery bags that are in compliance with this
article.
(e) The department shall establish a certification fee schedule
that will generate fee revenues sufficient to cover all of the
department’s costs to enforce this article. Fee revenues shall not
exceed the amount necessary to cover the department’s reasonable
costs to enforce this article.
(f) The department may inspect and audit a reusable bag
producer subject to this article with all costs associated with the
audit being paid for by the reusable grocery bag producer.
(g) The department may test any reusable bag manufactured
by a reusable bag producer and provided to a store for sale or
distribution for compliance with this article and the regulations
adopted pursuant to this article.
(h) The department may enter into an agreement with other
state entities that conduct inspections to provide necessary
enforcement of this article.
(i) Notwithstanding Section 42289.5, any 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.
(j) The department shall deposit all certification fees paid
pursuant to this article into the Reusable Bag Account, which is
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hereby created in the Integrated Waste Management Fund in the
State Treasury. The moneys deposited 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.
(k) The department shall deposit all penalties collected pursuant
to subdivision (i) for a violation of this article into the Penalty
Subaccount, which is hereby created in the Reusable Bag Account.
The moneys in the Penalty Subaccount shall be expended by the
department, upon appropriation by the Legislature, to assist the
department with its costs of implementing this article.
Article 5. Reporting Requirements
42289. (a) On or before January 1, 2016, the department shall
submit a report to the Legislature in accordance with Section 9795
of the Government Code, regarding the effectiveness of this chapter
and recommendations for statutory changes to increase
effectiveness, which shall include all of the following:
(1) A compilation of state cleanup data to evaluate pollution
reduction.
(2) Recommendations to further encourage the use of reusable
grocery bags by customers and stores.
(3) An evaluation of the requirements for reusable bags specified
in Section 42287.
(4) Distribution of recycled paper bags.
(5) Number and type of violations.
(b) The department shall coordinate with other state and local
agencies in compiling this report to maximize existing efforts and
resources in the areas of litter reduction, water quality, and
environmental protection.
(c) Pursuant to Section 110231.5 of the Government Code, this
section is repealed on January 1, 2017.
Article 6. Enforcement
42289.5. (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
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($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) This section does not apply to a violation of Article 4
(commencing with Section 42287).
SECTION 1. The Legislature finds and declares all of the
following:
(a) Despite local and state efforts to minimize land-based sources
of pollution, and increasing efforts worldwide to protect water
quality, the quantity of plastic pollution in the world’s aquatic
environments is increasing.
(b) Recycled content paper carryout bags, while not without
their environmental impacts, when made with 40 percent or more
postconsumer content, are a high-value recyclable collected in
every curbside and community recycling program in California.
(c) Plastics made from biobased sources that are marketed as
“compostable” or “biodegradable” are not environmentally sound
alternatives to plastic carryout bags because they have not been
shown to degrade in aquatic environments and require conditions
only available in composting facilities to rapidly break down into
constituents that assimilate back into the environment. Most
Californians lack access to composting facilities capable of
accepting compostable plastic bags.
(d) On February 8, 2007, the California Ocean Protection
Council approved a resolution to call for statewide action to reduce
the amount of land-based sources of marine debris. The resulting
implementation strategy, adopted by the California Ocean
Protection Council in November 2008, called for aggressive actions
to reduce the use of single-use plastic products, including plastic
bags.
(e) In California and other states, many cities have already
introduced or enacted bans on single-use carryout bags, creating
a patchwork of rules and regulations governing the use and disposal
of these bags.
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SEC. 2. Chapter 5.2 (commencing with Section 42280) is added
to Part 3 of Division 30 of the Public Resources Code, to read:
Chapter 5.2. Reusable Bags
42280. For purposes of this chapter, the following definitions
shall apply:
(a) “Manufacturer” means a producer of a reusable bag or a
person that purchases a reusable bag from a producer for resale or
redistribution in this state.
(b) “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 125 uses, which for purposes of
this subdivision, means the capability of carrying a minimum of
22 pounds 125 times over a distance of at least 175 feet.
(2) Has a minimum volume of 15 liters.
(3) Is machine washable or is made from a material that can be
cleaned or 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.
(5) Has printed on the bag, or on a tag that is permanently
affixed to the bag, the name of the manufacturer, the location
(country) where the bag was manufactured, a statement that the
bag does not contain lead, cadmium, or any other heavy metal in
toxic amounts, and the percentage of postconsumer recycled
material used, if any.
(6) If made of plastic, is a minimum of at least 2.25 mils thick.
(c) “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 which sells a
line of dry grocery, canned goods, or nonfood items, and some
perishable items.
(2) Has over 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
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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
engaged in the retail sale of a limited line of goods that generally
includes milk, bread, soda, and snack foods, and has a Type 20 or
Type 21 license issued by the Department of Alcoholic Beverage
Control.
42281. A manufacturer shall not sell or distribute a reusable
bag in this state if the reusable bag is designed or intended to be
sold or distributed to a store’s customers, unless guidelines for
cleaning and disinfecting the reusable bag are printed on the bag,
or on a tag attached to the bag, in a manner visible to the consumer.
42282. Nothing in this chapter shall affect the 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, a reusable
grocery bag shall not be considered as a product category already
regulated or subject to regulation.
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