Under of the statute, stores may sell compostable plastic bags if they are located in a jurisdiction where the majority of residential households have access to curbside collection for composting and where the local government has voted to allow the sale of compostable bags to consumers. These bags must meet the specifications of the American Society of Testing and Materials International Standard Specification for Compostable Plastics D6400. Additionally, any store may sell compostable plastic bags that meet the requirements set out in section 42281 of the statute for compostable reusable plastic bags. Stores must charge at least 10 cents per compostable bag.
How much do stores have to charge for a reusable grocery bag or a recycled paper bag?
Stores must charge at least 10 cents per bag. They may charge more than that, but they cannot charge less. The fee is to ensure that the cost of providing grocery bags is not subsidized by customers who bring their own bags or otherwise do not require bags.
Who keeps the proceeds from the sale of reusable grocery bags and recycled paper bags?
The stores that sell the bags keep the money and must use it to cover the costs of providing the bags, complying with the bag ban, or encouraging the use of reusable grocery bags through educational materials or an educational campaign.
Who can answer questions about the application of tax to bags?
The California Department of Tax and Fee Administration can answer tax-related questions about bags. Its toll-free number is 1-800-400-7115. Additional contact information is available on its website.
Can stores require their customers to purchase reusable grocery bags or recycled paper bags?
No. Stores may not require their customers to use, purchase, or accept any kind of bag.
If I am using a WIC payment card or voucher or an EBT card to pay, do I have to pay for a bag?
No. Stores are required to provide a reusable grocery bag or a recycled paper bag free of charge to customers using one of these payment methods.
Can stores subject to the single-use bag ban sell or distribute ANY grocery bag as long as it is reusable?
No. Stores may only sell or distribute reusable grocery bags made by producers that have been certified by a third-party certification entity to sell reusable grocery bags in California. Additionally, the bags must meet certain requirements to be considered a “reusable grocery bag.” See this page for information about certification.
2. Questions About Certification of Reusable Grocery Bags and Recycled Paper Bags
Do reusable grocery bags have to be certified?
Yes. All reusable grocery bag producers must provide CalRecycle with third-party certification by an independent, accredited ISO/IEC 17025 laboratory or ISO/IEC 17065 certification body, demonstrating their bags meet the requirements of Sections 42281 and 42281.5 of the Public Resources Code that apply to the producer’s types of bags.
The requirements vary based upon the kind of material used to make the bags. In general, a reusable grocery bag must:
- Have a handle and be designed for at least 125 uses;
- Have a volume capacity of at least 15 liters (about 4 gallons);
- Be machine washable or capable of being cleaned and disinfected; and
- Have the manufacturer’s name, country, and a statement that the bag is a reusable bag designed for at least 125 uses printed on the bag or on a tag, as well as recycling instructions if the bag is recyclable.
Additional requirements apply to reusable grocery bags made out of plastic film. For instance, reusable grocery bags made from plastic film must be made with a minimum of 40 percent postconsumer recycled material must be recyclable, and must be at least 2.25 mils thick. Please see the statute for full requirements.
How frequently must reusable grocery bags be certified?
Bag producers must resubmit proofs of certifications for reusable grocery bags every two years.
Is there a separate certification requirement for suppliers of postconsumer recycled material used in plastic film reusable grocery bags?
No. The bag ban statute does not contain a separate requirement for postconsumer recycled material suppliers to certify their recycled plastic feedstock for use in manufacturing reusable grocery bags. However, the proof of certification submitted to CalRecycle by producers of reusable grocery bags made from plastic film must include verification of the required percentage of post-consumer recycled material content (20 percent before January 1, 2020 and 40 percent thereafter), as well as the information specified in Section 42281.5 of the Public Resources Code.
Where should bag producers submit proof of third-party certification of their reusable grocery bags?
Producers are required to submit proof of third-party certification via CalRecycle’s online database, the Reusable Grocery Bag Reporting System (RGBRS). CalRecycle will post a continuously updated list of Certified Reusable Bags and Producers as proofs of certification and supporting documents are received. Stores subject to the ban are responsible for ensuring the bags they sell are properly certified.
Can a person challenge a reusable grocery bag producer’s certification?
Yes. A person may object to the certification of a reusable grocery bag producer by filing an action for review of that certification in the superior court of a county that has jurisdiction over the reusable grocery bag producer.
Is there a certification requirement for recycled paper bags?
No, but recycled paper bags still must meet requirements set out in the statute. Specifically, a recycled paper bag must:
- Contain at least 40 percent postconsumer recycled material for bags rated above eight pounds, and at least 20 percent postconsumer recycled material for bags rated at eight pounds or smaller;
- Be accepted for recycling in curbside programs in a majority of households with access to curbside recycling programs in California; and
- Have printed on the bag the name of the manufacturer, country where the bag was manufactured, and the minimum percentage of postconsumer content.
What is CalRecycle’s role in implementing SB 270?
CalRecycle is required to publish on its website a list of producers that have submitted the required certification for each type of their reusable grocery bags sold in the state. The law also requires, among other things, that CalRecycle establish an administrative certification fee schedule to cover the Department’s costs. CalRecycle cannot provide interpretations of the law or advice about its applicability. Furthermore, CalRecycle does not endorse specific third-party certification entities or suppliers of postconsumer recycled material. If you are unsure if the law applies to you, please consult an attorney.
Will there be a rulemaking process?
Yes. For more information on rulemaking, please visit the SB 270 Rulemaking Webpage. To be apprised of these proceedings and to learn about future opportunities to participate and register public comments, please sign up for the Reusable Grocery Bag Certification (SB 270) Listserv or send inquiries to [email protected].
3. Questions About Enforcement
Who enforces the single-use carryout bag ban?
Cities, counties, and the State of California enforce the bag ban.
Where can I report violations of the single-use carryout bag ban?
You can report violations to the California Attorney General’s Office using its on-line reporting form, or to the local District Attorney, City Attorney, or City Prosecutor’s office where the violation occurred.
What are the penalties for violating the single-use carryout bag ban?
A store or producer of reusable grocery bags that violates the law may be fined $1,000 per day for the first violation, $2,000 per day for the second violation, and $5,000 per day for the third and subsequent violations.
What if my city or county has its own bag ban?
Every store in California that is subject to the statewide single-use-carryout bag ban must comply with its requirements, regardless of where the store is located. If the store is located in a city or county that has its own bag ordinance, however, the store may need to comply with the local requirements as well.
A list of cities and counties that have adopted bag ordinances is available at this page. This page may not contain every local jurisdiction in California with an ordinance that restricts or prohibits the use of certain bags. Further, some of the ordinances listed on this page may be preempted by the statewide ban. You should check with your local city or county authority to verify whether your city or county has its own bag ban ordinance that is in effect.
Where can I learn how cities and counties verify that reusable bags meet certification requirements?
Here are a few examples:
More Questions?
Contact [email protected]