Neither the Alameda County Reusable Bag Law or the California State Bag Law require any affected entity, including Grocers, to provide both paper and plastic bags (or any bags). However, whichever bag type(s) a store chooses to offer consumers at checkout in Alameda County must be compliant with the Alameda County law.
Stores are not required to provide plastic bag recycling by any local or state law at this time. There was a state law passed in 2006, AB 2449, that required retailers who were distributing plastic bags to provide plastic bag recycling to the general public but that expired in 2020. SB 1219 (2012) extended AB 2449, but unfortunately this plastic bag recycling requirement has sunset on January 1, 2020.
If you have questions about the law, we'd like to help you understand the changes and offer assistance. Please complete our online contact form, or email us at bags@stopwaste.org.
Due to COVID-19, the state Reusable Bag Law was temporarily suspended for 60 days spanning May and June 2020. During the suspension, customers were not permitted to bring their personal reusable bags into businesses and, because of this, businesses were allowed the option of not charging for bags. Some businesses stopped charging and others businesses continued charging during the suspension.
No. Many Farmers’ Markets are operated by non-profit entities (who are exempt from the law) and the majority of bags provided by vendors are produce bags (no handles) which are allowed under the law. Many markets have their own set of rules regarding the types of bags. In addition, many Farmers’ Market customers already bring their reusable bags to shop, and the operators of these markets actively provide outreach to shoppers to bring their own reusable bags.
Please visit this page for information regarding the Reusable Bag Ordinance that clarifies the Ordinance requirements as they relate to Alameda County wineries.
In this case, a café within a department store, or a delicatessen within a grocery store must follow ordinance requirements for public eating establishments when registers are designated only for the sale of prepared food (as a stand-alone restaurant would). If customer purchases merchandise item along with prepared food, the entire purchase is subject to the ordinance requirement for retailers including a minimum ten-cent charge for paper or reusable bags.
All proceeds from the sale of recycled paper bags and reusable bags are retained by the retailer or eating establishment with no restrictions on their use.
No, the State Board of Equalization (BOE) indicates that the charge on bags would not be subject to State sales tax.
Yes, however the ordinance allows stores to decide how they handle customers participating in WIC and CalFresh/Supplemental Nutrition Assistance Program (SNAP) programs. The ordinance does not require a Store to impose a bag charge to those participating in SNAP and WIC, nor does it mandate a Store to give out free reusable or free recycled paper bags. Per SNAP and WIC program regulations (NOT the Authority’s Ordinance 2012-2 regulations), if a Store charges fees for bags, SNAP and WIC funds cannot be used to pay those fees.
