Single-use Carryout BagsReusable Grocery Bags
Section § 42281
This law outlines the requirements for reusable grocery bags that stores in California can sell or give to customers. Starting July 1, 2015, these bags must be certified and meet certain standards, such as being designed for at least 125 uses, having a minimum volume capacity of 15 liters, and being washable. Additionally, the bags should not contain harmful materials, and must include information like the manufacturer's name and where the bag was made.
If a bag is made from plastic film, it must contain a certain percentage of recycled material and be recyclable at specific locations. Different requirements apply if the bag is made from natural or synthetic fabrics, focusing on durability and fabric weight. The rules are effective until January 1, 2026.
Section § 42281.2
Starting January 1, 2025, stores in California are not allowed to give customers a precheckout bag unless it is either a compostable bag meeting specific standards or a recycled paper bag. The compostable bags must comply with certain standards, be eligible to be labeled as compostable or home compostable, and have a mouth width of at least 15 inches. Precheckout bags are those provided before checkout to protect or contain unwrapped items like produce or meats. They do not include bags used to prepackage items before they reach the store.
Section § 42281.5
From July 1, 2015, any company producing reusable grocery bags from plastic film in California must be certified by a third-party entity to prove their bags meet certain requirements.
They must provide proof of certification to the state, showing details about the recycled materials used, including supplier information, purchase details, how the material is obtained, and evidence of proper cleaning procedures. This rule is set to expire on January 1, 2026.
Section § 42282
Starting July 1, 2015, reusable grocery bag producers in California must provide proof from a third-party certification body that their bags meet certain standards. This certification must be renewed every two years or whenever significant changes are made to the bag. If a bag isn't certified, its information will be removed from a state website. Certification bodies must be independent and accredited, ensuring that bags comply with specific requirements. The state will maintain an online list of certified producers and bags and provides a system for certificate submission. If someone disputes a certification, they can take the issue to court. Until the court decides, the producer is considered compliant. If the court rules against a producer, they are removed from the certified list for a year. This law remains effective until January 1, 2026.
Section § 42282.1
This law requires producers of reusable grocery bags to pay a fee when they provide proof of certification or recertification. The Department will set a fee schedule that only covers its costs to manage the program. The money collected goes into a special fund used annually to support the program. Note that this law is temporary and will expire on January 1, 2026.