Section § 42283

Explanation

This law, effective from July 1, 2015, restricts stores from giving single-use carryout bags to customers at checkout. They can only sell reusable bags or recycled paper bags if they charge at least 10 cents per bag, ensuring that people who don't need these bags aren't covering the cost for those who do. However, stores have to provide these bags for free to customers using specific types of government assistance cards.

Additionally, stores can offer compostable bags, but only if most households have composting services and the local government allows it, again for at least 10 cents per bag. Finally, stores cannot force customers to buy or use any kind of bag as part of a purchase. This law is set to be repealed on January 1, 2026.

(a)CA Public Resources Code § 42283(a) Except as provided in subdivision (e), on and after July 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)Copy CA Public Resources Code § 42283(b)
(1)Copy CA Public Resources Code § 42283(b)(1) On and after July 1, 2015, a store, as defined in paragraph (1) or (2) of subdivision (g) of Section 42280, shall not sell or distribute a reusable grocery bag at the point of sale except as provided in this subdivision.
(2)CA Public Resources Code § 42283(b)(2) On and after July 1, 2015, a store, as defined in paragraph (1) or (2) of subdivision (g) of Section 42280, may make available for purchase at the point of sale a reusable grocery bag that meets the requirements of Section 42281.
(3)CA Public Resources Code § 42283(b)(3) On and after July 1, 2015, a store, as defined in paragraph (1) or (2) of subdivision (g) of Section 42280, that makes reusable grocery bags available for purchase pursuant to paragraph (2) shall not sell the reusable grocery bag for less than ten cents ($0.10) in order to ensure that the cost of providing a reusable grocery bag is not subsidized by a customer who does not require that bag.
(c)Copy CA Public Resources Code § 42283(c)
(1)Copy CA Public Resources Code § 42283(c)(1) On and after July 1, 2015, a store, as defined in paragraph (1) or (2) of subdivision (g) of Section 42280, shall not sell or distribute a recycled paper bag except as provided in this subdivision.
(2)CA Public Resources Code § 42283(c)(2) A store, as defined in paragraph (1) or (2) of subdivision (g) of Section 42280, may make available for purchase a recycled paper bag. On and after July 1, 2015, the store shall not sell a recycled paper bag for less than ten cents ($0.10) in order to ensure that the cost of providing a recycled paper bag is not subsidized by a consumer who does not require that bag.
(d)CA Public Resources Code § 42283(d) Notwithstanding any other law, on and after July 1, 2015, a store, as defined in paragraph (1) or (2) of subdivision (g) of Section 42280, that makes reusable grocery bags or recycled paper bags available for purchase at the point of sale shall provide a reusable grocery bag or a recycled paper bag at no cost at the point of sale to a customer using a payment card or voucher issued by the California Special Supplemental Nutrition 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 or an electronic benefit transfer card issued pursuant to Section 10072 of the Welfare and Institutions Code.
(e)CA Public Resources Code § 42283(e) On and after July 1, 2015, a store, as defined in paragraph (1) or (2) of subdivision (g) of Section 42280, may distribute a compostable bag at the point of sale, if the compostable bag is provided to the consumer at the cost specified pursuant to paragraph (2), the compostable bag, at a minimum, meets the American Society for Testing and Materials (ASTM) International Standard Specification for Compostable Plastics D6400, as updated, and in the jurisdiction where the compostable bag is sold and in the jurisdiction where the store is located, both of the following requirements are met:
(1)CA Public Resources Code § 42283(e)(1) A majority of the residential households in the jurisdiction have access to curbside collection of food waste for composting.
(2)CA Public Resources Code § 42283(e)(2) The governing authority for the jurisdiction has voted to allow stores in the jurisdiction to sell to consumers at the point of sale a compostable bag at a cost not less than the actual cost of the bag, which the Legislature hereby finds to be not less than ten cents ($0.10) per bag.
(f)CA Public Resources Code § 42283(f) A store, as defined in paragraph (1) or (2) of subdivision (g) of Section 42280, shall not require a customer to use, purchase, or accept a single-use carryout bag, recycled paper bag, compostable bag, or reusable grocery bag as a condition of sale of any product.
(g)CA Public Resources Code § 42283(g) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.

Section § 42283

Explanation

This law outlines rules for stores on handing out carryout bags at checkout. Generally, stores can't give or sell carryout bags unless they meet certain conditions. They can sell recycled paper bags for at least 10 cents, except they must give them for free to customers using certain government assistance cards. Some exceptions allow for other types of reusable bags too. Importantly, stores can't force customers to buy a bag as a condition to purchase other items, and these rules start on January 1, 2026.

(a)CA Public Resources Code § 42283(a) Except as provided in subdivisions (b) and (c), a store shall not provide, distribute, or sell a carryout bag at the point of sale.
(b)Copy CA Public Resources Code § 42283(b)
(1)Copy CA Public Resources Code § 42283(b)(1) A store may make available for purchase at the point of sale a recycled paper bag but shall not sell a recycled paper bag for less than ten cents ($0.10) in order to ensure that the cost of providing a recycled paper bag is not subsidized by a consumer who does not require that bag.
(2)CA Public Resources Code § 42283(b)(2) Notwithstanding any other law, a store that makes recycled paper bags available for purchase at the point of sale shall provide a recycled paper bag at no cost at the point of sale to a customer using a payment card or voucher issued by 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 or an electronic benefit transfer card issued pursuant to Section 10072 of the Welfare and Institutions Code.
(c)CA Public Resources Code § 42283(c) A store may provide at the point of sale a carryout bag that meets the requirements of subparagraph (A), (B), or (D) of paragraph (2) of subdivision (a) of Section 42280.
(d)CA Public Resources Code § 42283(d) A store shall not require a customer to use, purchase, or accept a recycled paper bag or a compostable bag as a condition of sale of any product.
(e)CA Public Resources Code § 42283(e) This section shall become operative on January 1, 2026.

Section § 42283.5

Explanation

This law requires certain types of stores in California, as specified by another section, to follow the same environmental regulations as other specified stores starting from July 1, 2016. However, this requirement is set to repeal and no longer be in effect after January 1, 2026.

(a)CA Public Resources Code § 42283.5(a) On and after July 1, 2016, a store, as defined in paragraph (3), (4), or (5) of subdivision (g) of Section 42280, shall comply with the same requirements of Section 42283 that are imposed upon a store, as defined in paragraph (1) or (2) of subdivision (g) of Section 42280.
(b)CA Public Resources Code § 42283.5(b) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.

Section § 42283.5

Explanation

This law states that starting January 1, 2026, certain stores, as defined in paragraph (5) of a specific section, must follow the same rules as other stores mentioned in Section 42283. It essentially lets these stores know their compliance requirements are aligned.

(a)CA Public Resources Code § 42283.5(a) A store, as defined in paragraph (5) of subdivision (f) of Section 42280, shall comply with the same requirements of Section 42283 that are imposed upon a store, as defined in paragraphs (1) to (4), inclusive, of subdivision (f) of Section 42280.
(b)CA Public Resources Code § 42283.5(b) This section shall become operative on January 1, 2026.

Section § 42283.7

Explanation

This law allows stores to keep the money they collect when implementing this article. They can only use these funds for specific purposes: covering the costs of meeting the article's requirements, providing recycled or reusable bags, and creating or promoting educational materials or campaigns about using reusable bags.

All moneys collected pursuant to this article shall be retained by the store and may be used only for the following purposes:
(a)CA Public Resources Code § 42283.7(a) Costs associated with complying with the requirements of this article.
(b)CA Public Resources Code § 42283.7(b) Actual costs of providing recycled paper bags or reusable grocery bags.
(c)CA Public Resources Code § 42283.7(c) Costs associated with a store’s educational materials or educational campaign encouraging the use of reusable grocery bags.

Section § 42284

Explanation

This California law encourages all retail establishments, even those not specifically required to, to reduce their use of single-use plastic bags. If a retailer wants to be treated like a store in terms of regulations, they can submit a written notice. This notice must be signed by someone authorized, and it must list all locations that will comply. Once the department confirms receipt and posts the information online, the retailer will be treated as a store. Note that these rules are effective only until January 1, 2026, after which they will be repealed.

(a)CA Public Resources Code § 42284(a) A retail establishment not specifically required to comply with the requirements of this chapter is encouraged to reduce its distribution of single-use plastic carryout bags.
(b)CA Public Resources Code § 42284(b) Pursuant to the provisions of subdivision (g) of Section 42280, any retail establishment that is not a “store,” that provides the department with the irrevocable written notice as specified in subdivision (c), shall be regulated as a “store” for the purposes of this chapter.
(c)CA Public Resources Code § 42284(c) The irrevocable written notice shall be dated and signed by an authorized representative of the retail establishment, and shall include the name and physical address of all retail locations covered by the notice. The department shall acknowledge receipt of the notice in writing and shall specify the date the retail establishment will be regulated as a “store,” which shall not be less than 30 days after the date of the department’s acknowledgment. The department shall post on its internet website, organized by county, the name and physical location or locations of each retail establishment that has elected to be regulated as a “store.”
(d)CA Public Resources Code § 42284(d) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.

Section § 42284

Explanation

This law encourages retail stores not specifically required by regulation to distribute fewer carryout bags. If a retail store that's not classified as a 'store' wants to follow the same rules, it can send a signed, dated notice to the department. This notice should list all their locations and will make the store subject to the same rules as other 'stores.' The department will confirm they received this notice and list these stores on their website by county. This rule will start being enforced on January 1, 2026.

(a)CA Public Resources Code § 42284(a) A retail establishment not specifically required to comply with the requirements of this chapter is encouraged to reduce its distribution of carryout bags.
(b)CA Public Resources Code § 42284(b) Pursuant to the provisions of paragraph (5) of subdivision (f) of Section 42280, any retail establishment that is not a “store,” that provides the department with the irrevocable written notice as specified in subdivision (c), shall be regulated as a “store” for the purposes of this chapter.
(c)CA Public Resources Code § 42284(c) The irrevocable written notice shall be dated and signed by an authorized representative of the retail establishment, and shall include the name and physical address of all retail locations covered by the notice. The department shall acknowledge receipt of the notice in writing and shall specify the date the retail establishment will be regulated as a “store,” which shall not be less than 30 days after the date of the department’s acknowledgment. The department shall post on its internet website, organized by county, the name and physical location or locations of each retail establishment that has elected to be regulated as a “store.”
(d)CA Public Resources Code § 42284(d) This section shall become operative on January 1, 2026.