No bag made of plastic material of an average gauge thinner than 0.001 inch which is large enough to fit over a child’s head shall be used by any business establishment as a container for products delivered to purchasers, or by any other business establishment to package articles delivered to customers or other persons doing business with the establishment, or, after January 1, 1988, shall be directly sold, delivered, or given to any business establishment located in the State of California by any manufacturer, supplier, or distributor after January 1, 1988, unless there is printed upon such bag, or upon a gummed label which is securely attached to such
bag, in clear legible type the following: “CAUTION—KEEP AWAY FROM SMALL CHILDREN. THE THIN FILM MAY CLING TO NOSE AND MOUTH AND PREVENT BREATHING,” or a similar warning that the bag is dangerous to small children. This section shall not apply to those plastic bags which are used exclusively for industrial purposes.
Chapter 13Polyethylene Plastic Materials
Section § 22200
This law states that plastic bags thinner than 0.001 inch cannot be used by businesses in California to carry products or deliver items if they're large enough to fit over a child's head. Starting from January 1, 1988, these bags can't be sold, delivered, or given to businesses in California, unless they have a warning about the danger to small children. The warning must state that the thin film could prevent breathing. Bags used only for industrial purposes are exempt from this law.
plastic bags child safety breathing hazard business restrictions California businesses bag thickness 1988 regulation warning label supplier restrictions delivery regulations industrial exemption
Section § 22201
This law defines what qualifies as a bag that is considered large enough to fit over a child's head. Specifically, it refers to any bag that, when open, has an opening larger than 25 square inches or can hold more than 125 cubic inches.
As used in this chapter, “a bag large enough to fit over a child’s head” means any bag which, when open, has an opening larger than 25 square inches or a capacity of more than 125 cubic inches.
bag size definition child safety prevent suffocation bag opening size 125 cubic inches capacity safety regulation 25 square inches safety compliance product safety children's hazard open bag measurement bag safety potential danger protective measures child protection standards
Section § 22202
This section defines what “clear legible type” means for specific types of printed materials. It must be easily readable, in a bright color that stands out against any background. The text must be printed using methods that prevent smearing, ensuring clarity. Furthermore, the size of the type depends on the total length and width of the bag it’s printed on, with minimum sizes specified for different bag dimensions, ranging from 10 to 24 point font.
As used in this chapter, “clear legible type” means type which meets all the following qualifications:
(a)CA Business and Professions Code § 22202(a) Is clear and legible.
(b)CA Business and Professions Code § 22202(b) Is of a bright color which will be clearly visible against either a light or a dark background.
(c)CA Business and Professions Code § 22202(c) Is printed by some method other than rubber stamp, such as by offset or letterpress, so as to prevent the ink from smearing and to insure that the printed matter will be clear and distinct.
(d)CA Business and Professions Code § 22202(d) Is not less than the following size:
Total of length and width
of bag combined
Size of type
Less than 30 inches
........................
10 point
30 inches or more, but less than 40 inches
........................
14 point
40 inches or more, but less than 60 inches
........................
18 point
60 inches or more
........................
24 point
clear legible type font size requirements bright color printing methods ink smear prevention offset printing letterpress bag dimensions readable text print quality standards 10 point font 14 point font 18 point font 24 point font
Section § 22203
Retail stores cannot use thin plastic bags, small enough to fit over a child's head, for products unless they contain food and weigh less than five pounds. These bags shouldn't have images that might make kids under 12 want to play with them as toys. However, the law doesn't stop advertising that doesn’t turn the bags into potential toys for children.
No bag made of polyethylene plastic material thinner than 0.001 inch which is large enough to fit over a child’s head shall be used, after the effective date of this section, by any retail store as a container for products, other than for food products weighing not more than five pounds, delivered to purchasers, or by any other retail business establishment to package articles delivered to customers, if any cartoon, picture, or caricature is on such bag which cartoon, picture, or caricature will, or will have a tendency to, facilitate or encourage the use of such bag as a toy by children under 12 years of age.
This section does not
prohibit legitimate advertising which does not facilitate or encourage the use of such bag as a toy.
thin plastic bags children safety retail packaging polyethylene bags bags as toys child risk retail restrictions advertising exemption non-food packaging under 12 years safety regulations plastic material toy hazards shopper safety graphic restrictions
Section § 22205
If you break any rules in this chapter, it counts as a minor crime known as a misdemeanor.
Any violation of this chapter is a misdemeanor.
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