Definitions - Single-use Carryout Bags - Public Resources - CA

Section § 42280

This law provides definitions for terms used in the chapter relating to recycling and reusable bags. It identifies the Department of Resources Recycling and Recovery as the department in charge. 'Postconsumer recycled material' refers to materials diverted from waste after use, excluding those reused in manufacturing. A 'recycled paper bag' is defined by its recycled content and recyclability in curbside programs, and must display specific manufacturing information.

'Reusable grocery bag' follows separate requirements, and a 'reusable grocery bag producer' makes, imports, or sells such bags. 'Single-use carryout bags' are contrasted with reusable and recycled bags but exclude specific types like pharmacy bags or those for unwrapped food. The term 'store' encompasses large grocery and convenience stores with certain sales criteria, with an expiration for these definitions set for January 1, 2026.

For purposes of this chapter, the following definitions 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” means a bag that is provided by a store to a customer at the point of sale that meets the requirements of Section 42281.

(e)

(1) “Reusable grocery bag producer” means a person or entity that does any of the following:

(A) Manufactures reusable grocery bags for sale or distribution to a store.

(B) Imports reusable grocery bags into this state, for sale or distribution to a store.

(2) “Reusable grocery bag producer” does not include a store, with regard to a reusable grocery bag for which there is a manufacturer or importer, as specified in subparagraph (A) or (B) of paragraph (1).

(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 any 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, a reusable grocery bag, or a compostable plastic bag.

(D) A nonhandled bag that is designed to be placed over articles of clothing on a hanger.

(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 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.

(4) Is a convenience food store, foodmart, or other entity that is engaged in the retail sale of goods intended to be consumed off the premises, and that holds a Type 20 or Type 21 license issued by the Department of Alcoholic Beverage Control.

(5) Is not otherwise subject to paragraph (1), (2), (3), or (4), if the retail establishment voluntarily agrees to comply with the requirements imposed upon a store pursuant to this chapter, irrevocably notifies the department of its intent to comply with the requirements imposed upon a store pursuant to this chapter, and complies with the requirements established pursuant to Section 42284.

(h) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.

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Section § 42280

This law defines terms related to carryout bags and stores that must comply with related regulations. A "carryout bag" includes plastic, paper, or other materials given at checkout but excludes pharmacy bags, nonhandled protective bags, precheckout bags, and garment bags. The "Department" refers to the Department of Resources Recycling and Recovery. "Point of sale" covers any location where a customer receives purchased goods. "Postconsumer recycled material" is waste set for disposal after being used. A "recycled paper bag" must meet specific recycling criteria, including 50% recycled materials by 2028. A "store" for these purposes is defined as a retail location meeting certain sales, space, or licensure conditions, or that voluntarily complies with guidelines. These definitions become effective January 1, 2026.

For purposes of this chapter, the following definitions apply:

(a)

(1) “Carryout bag” means a bag of plastic, paper, or other material that is provided by a store to a customer at the point of sale for the purpose of carrying purchased goods and that is not a recycled paper bag.

(2) A carryout bag does not include any 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 a compostable plastic bag.

(D) A nonhandled bag that is designed to be placed over articles of clothing on a hanger, such as a garment bag used in dry cleaning or laundry services.

(b) “Department” means the Department of Resources Recycling and Recovery.

(c) “Point of sale” means a place where purchased goods may be transferred to a customer, including, but not limited to, a checkout counter, self-checkout kiosk, in-store pickup, curbside delivery, and home delivery.

(d) “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.

(e) “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) Is accepted for recycling in curbside programs in a majority of households that have access to curbside recycling programs in the state.

(2) Has printed on the bag the name of the manufacturer, the country where the bag was manufactured, and the percentage of postconsumer content.

(3)

(A) Contains a minimum of 50 percent postconsumer recycled materials.

(B) The requirement in subparagraph (A) applies on and after January 1, 2028.

(f) “Store” means a retail establishment that meets any of the following requirements:

(5) If not otherwise subject to paragraph (1), (2), (3), or (4), if the retail establishment voluntarily agrees to comply with the requirements imposed upon a store pursuant to this chapter, irrevocably notifies the department of its intent to comply with the requirements imposed upon a store pursuant to this chapter, and complies with the requirements established pursuant to Section 42284.

(g) This section shall become operative on January 1, 2026.

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