- For Retailers
- For Restaurants
- For Shoppers
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.
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.
No. The ordinance does not regulate use of single-use bags used to protect and transport produce, bulk food or meat from within a store to the checkout or cash register. Other bags not subject to charge include:
Retail: Yes. Customers may bring any type of bag (including single-use plastic bags) to a store for their purchases, and are encouraged to do so. Customers are only charged for bags provided by the store at check-out.
Eating Establishments: Yes, if the bags remain in the customer’s possession (and bags do not enter food preparation or utensils/food storage areas).
The differences between the two include the following:
Alameda County affected stores must comply with the requirements of the Alameda County Reusable Bag Ordinance, as the state law does not preempt or take precedence over city or county ordinances adopted prior to September 1, 2014.