Section § 42281

Explanation

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.

(a)CA Public Resources Code § 42281(a) On and after July 1, 2015, a store, as defined in paragraph (1) or (2) of subdivision (g) of Section 42280, may sell or distribute a reusable grocery bag to a customer at the point of sale only if the reusable bag is made by a producer certified pursuant to this article to meet all of the following requirements:
(1)CA Public Resources Code § 42281(a)(1) Has a handle and is designed for at least 125 uses, as provided in this article.
(2)CA Public Resources Code § 42281(a)(2) Has a volume capacity of at least 15 liters.
(3)CA Public Resources Code § 42281(a)(3) Is machine washable or made from a material that can be cleaned and disinfected.
(4)CA Public Resources Code § 42281(a)(4) Has printed on the bag, or on a tag attached to the bag that is not intended to be removed, and in a manner visible to the consumer, all of the following information:
(A)CA Public Resources Code § 42281(a)(4)(A) The name of the manufacturer.
(B)CA Public Resources Code § 42281(a)(4)(B) The country where the bag was manufactured.
(C)CA Public Resources Code § 42281(a)(4)(C) A statement that the bag is a reusable bag and designed for at least 125 uses.
(D)CA Public Resources Code § 42281(a)(4)(D) If the bag is eligible for recycling in the state, instructions to return the bag to the store for recycling or to another appropriate recycling location. If recyclable in the state, the bag shall include the chasing arrows recycling symbol or the term “recyclable,” consistent with the Federal Trade Commission guidelines use of that term, as updated.
(5)CA Public Resources Code § 42281(a)(5) Does not contain lead, cadmium, or any other toxic material that may pose a threat to public health. A reusable bag manufacturer may demonstrate compliance with this requirement by obtaining a no objection letter from the federal Food and Drug Administration. This requirement shall not affect any authority of the Department of Toxic Substances Control pursuant to Article 14 (commencing with Section 25251) of Chapter 6.5 of Division 20 of the Health and Safety Code and, notwithstanding subdivision (c) of Section 25257.1 of the Health and Safety Code, the reusable grocery bag shall not be considered as a product category already regulated or subject to regulation.
(6)CA Public Resources Code § 42281(a)(6) Complies with Section 260.12 of Part 260 of Title 16 of the Code of Federal Regulations related to recyclable claims if the reusable grocery bag producer makes a claim that the reusable grocery bag is recyclable.
(b)Copy CA Public Resources Code § 42281(b)
(1)Copy CA Public Resources Code § 42281(b)(1) In addition to the requirements in subdivision (a), a reusable grocery bag made from plastic film shall meet all of the following requirements:
(A)CA Public Resources Code § 42281(b)(1)(A) On and after January 1, 2016, it shall be made from a minimum of 20 percent postconsumer recycled material.
(B)CA Public Resources Code § 42281(b)(1)(B) On and after January 1, 2020, it shall be made from a minimum of 40 percent postconsumer recycled material.
(C)CA Public Resources Code § 42281(b)(1)(C) It shall be recyclable in this state, and accepted for return at stores subject to the at-store recycling program (Chapter 5.1 (commencing with Section 42250)) for recycling.
(D)CA Public Resources Code § 42281(b)(1)(D) It shall have, in addition to the information required to be printed on the bag or on a tag, pursuant to paragraph (4) of subdivision (a), a statement that the bag is made partly or wholly from postconsumer recycled material and stating the postconsumer recycled material content percentage, as applicable.
(E)CA Public Resources Code § 42281(b)(1)(E) It shall be capable of carrying 22 pounds over a distance of 175 feet for a minimum of 125 uses and be at least 2.25 mils thick, measured according to the American Society of Testing and Materials (ASTM) Standard D6988-13.
(2)CA Public Resources Code § 42281(b)(2) A reusable grocery bag made from plastic film that meets the specifications of the American Society of Testing and Materials (ASTM) International Standard Specification for Compostable Plastics D6400, as updated, is not required to meet the requirements of subparagraph (A) or (B) of paragraph (1), but shall be labeled in accordance with the applicable state law regarding compostable plastics.
(c)CA Public Resources Code § 42281(c) In addition to the requirements of subdivision (a), a reusable grocery bag that is not made of plastic film and that is made from any other natural or synthetic fabric, including, but not limited to, woven or nonwoven nylon, polypropylene, polyethylene-terephthalate, or Tyvek, shall satisfy all of the following:
(1)CA Public Resources Code § 42281(c)(1) It shall be sewn.
(2)CA Public Resources Code § 42281(c)(2) It shall be capable of carrying 22 pounds over a distance of 175 feet for a minimum of 125 uses.
(3)CA Public Resources Code § 42281(c)(3) It shall have a minimum fabric weight of at least 80 grams per square meter.
(d)CA Public Resources Code § 42281(d) 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 requirements of this section.
(e)CA Public Resources Code § 42281(e) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.

Section § 42281.2

Explanation

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.

(a)CA Public Resources Code § 42281.2(a) On and after January 1, 2025, a store, as defined in Section 42280, shall not provide a precheckout bag to a customer if the bag is not one of the following:
(1)CA Public Resources Code § 42281.2(a)(1) A compostable bag that meets all of the following criteria:
(A)CA Public Resources Code § 42281.2(a)(1)(A) Complies with the standards described in Section 42357.5.
(B)CA Public Resources Code § 42281.2(a)(1)(B) Is eligible to be labeled with the terms “compostable” or “home compostable” pursuant to Section 42357.
(C)CA Public Resources Code § 42281.2(a)(1)(C) Has a minimum 15-inch mouth width.
(2)CA Public Resources Code § 42281.2(a)(2) A recycled paper bag.
(b)CA Public Resources Code § 42281.2(b) For purposes of this section, a “precheckout bag” means a bag provided to a customer before the customer reaches the point of sale, that is designed to protect a purchased item from damaging or contaminating other purchased items in a checkout bag, or to contain an unwrapped food item, such as, but not limited to, loose produce, meat or fish, nuts, grains, candy, and bakery goods. “Precheckout bag” does not include a bag used to prepackage items prior to their arrival in a store.

Section § 42281.5

Explanation

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.

(a)CA Public Resources Code § 42281.5(a) On and after July 1, 2015, a producer of reusable grocery bags made from plastic film shall not sell or distribute a reusable grocery bag in this state unless the producer is certified by a third-party certification entity pursuant to Section 42282. A producer shall provide proof of certification to the department demonstrating that the reusable grocery bags produced by the producer comply with the provisions of this article. The proof of certification shall include all of the following:
(1)CA Public Resources Code § 42281.5(a)(1) Names, locations, and contact information of all sources of postconsumer recycled material and suppliers of postconsumer recycled material.
(2)CA Public Resources Code § 42281.5(a)(2) Quantity and dates of postconsumer recycled material purchases by the reusable grocery bag producer.
(3)CA Public Resources Code § 42281.5(a)(3) How the postconsumer recycled material is obtained.
(4)CA Public Resources Code § 42281.5(a)(4) Information demonstrating that the postconsumer recycled material is cleaned using appropriate washing equipment.
(b)CA Public Resources Code § 42281.5(b) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.

Section § 42282

Explanation

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.

(a)CA Public Resources Code § 42282(a) Commencing on or before July 1, 2015, the department shall accept from a reusable grocery bag producer proof of certification conducted by a third-party certification entity, submitted under penalty of perjury, for each type of reusable grocery bag that is manufactured, imported, sold, or distributed in the state and provided to a store for sale or distribution, at the point of sale, that meets all the applicable requirements of this article. The proof of certification shall be accompanied by a certification fee, established pursuant to Section 42282.1.
(b)CA Public Resources Code § 42282(b) A reusable grocery bag producer shall resubmit to the department proof of certification as described in subdivision (a) on a biennial basis. A reusable grocery bag producer shall provide the department with an updated proof of certification conducted by a third-party certification entity if any modification that is not solely aesthetic is made to a previously certified reusable bag. Failure to comply with this subdivision shall result in removal of the relevant information posted on the department’s internet website pursuant to paragraphs (1) and (2) of subdivision (e) for each reusable bag that lacks an updated proof of certification conducted by a third-party certification entity.
(c)CA Public Resources Code § 42282(c) A third-party certification entity shall be an independent, accredited (ISO/IEC 17025) laboratory or a (ISO/IEC 17065) certification body. A third-party certification entity shall certify that the producer’s reusable grocery bags meet the requirements of Section 42281.
(d)CA Public Resources Code § 42282(d) The department shall provide a system to receive proofs of certification online.
(e)CA Public Resources Code § 42282(e) On and after July 1, 2015, the department shall publish a list on its internet website that includes both of the following:
(1)CA Public Resources Code § 42282(e)(1) The name, location, and appropriate contact information of certified reusable grocery bag producers.
(2)CA Public Resources Code § 42282(e)(2) The reusable grocery bags of producers that have provided the required certification.
(f)CA Public Resources Code § 42282(f) A reusable grocery bag producer shall submit applicable certified test results to the department confirming that the reusable grocery bag meets the requirements of this article for each type of reusable grocery bag that is manufactured, imported, sold, or distributed in the state and provided to a store for sale or distribution.
(1)CA Public Resources Code § 42282(f)(1) A person may object to the certification of a reusable grocery bag producer pursuant to this section 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. The court shall determine if the reusable grocery bag producer is in compliance with the requirements of this article.
(2)CA Public Resources Code § 42282(f)(2) A reusable grocery bag producer whose certification is being objected to pursuant to paragraph (1) shall be deemed in compliance with this article pending a determination by the court.
(3)CA Public Resources Code § 42282(f)(3) Based on its determination, the court shall direct the department to remove the reusable grocery bag producer from, or retain the reusable grocery bag producer on, its list published pursuant to subdivision (e).
(4)CA Public Resources Code § 42282(f)(4) If the court directs the department to remove a reusable grocery bag producer from its published list, the reusable grocery bag producer shall remain off of the published list for a period of one year from the date of the court’s determination.
(g)CA Public Resources Code § 42282(g) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.

Section § 42282.1

Explanation

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.

(a)CA Public Resources Code § 42282.1(a) A reusable grocery bag producer shall submit the fee established pursuant to subdivision (b) to the department when providing proof of certification or recertification pursuant to Sections 42281.5 and 42282.
(b)CA Public Resources Code § 42282.1(b) The department shall establish an administrative certification fee schedule that will generate fee revenues sufficient to cover, but not exceed, the department’s reasonable costs to implement this article. The department shall deposit all moneys submitted pursuant to this section into the Reusable Grocery Bag Fund, which is hereby established in the State Treasury. Notwithstanding Section 11340 of the Government Code, moneys in the fund are continuously appropriated, without regard to fiscal year, to the department for the purpose of implementing this article.
(c)CA Public Resources Code § 42282.1(c) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.