| 1 | | - | Enrolled September 19, 2023 Passed IN Senate September 14, 2023 Passed IN Assembly September 14, 2023 Amended IN Assembly September 07, 2023 Amended IN Assembly September 01, 2023 Amended IN Assembly July 12, 2023 Amended IN Assembly July 03, 2023 Amended IN Senate May 18, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 777Introduced by Senator AllenFebruary 17, 2023An act to amend Section 42283.7 of the Public Resources Code, relating to solid waste. LEGISLATIVE COUNSEL'S DIGESTSB 777, Allen. Solid waste: reusable grocery bags and recycled paper bags.The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, generally regulates the disposal, management, and recycling of solid waste. Existing law prohibits certain stores from providing a single-use carryout bag to a customer and prohibits those stores from selling or distributing a reusable grocery bag or a recycled paper bag at the point of sale unless the store makes that bag available for purchase for not less than $0.10. Existing law requires a store to retain those collected moneys to be used only for costs associated with complying with those provisions, actual costs of providing recycled paper bags or reusable grocery bags, and costs associated with a stores educational materials or educational campaign encouraging the use of reusable grocery bags. Existing law authorizes a city, county, city and county, or the state to impose civil penalties on a person or entity that knows or reasonably should have known it is in violation of those requirements.This bill would require a store to retain the collected moneys to also be used for costs associated with providing consumers with an opportunity for returning reusable grocery bags to the store for recycling, and any other costs associated with ensuring that collected bags are recycled.The bill would require stores to submit an annual report to the department with specified information related to the total costs associated with complying with the act, as specified, and the balance, if any, of remaining funds, in the year. The bill would authorize a chain that owns more than one store to report aggregated data for all of the stores operated under that chain. The bill would authorize an authorized representative of a store with a collective bargaining agreement to review and make copies of those annual reports. The bill would require that these provisions apply only to certain stores, as described.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. This act shall be known as the Transparency in Grocery Bag Recycling Act. SEC. 2. Section 42283.7 of the Public Resources Code is amended to read:42283.7. (a) All moneys collected pursuant to this article shall be retained by the store and may be used only for the following purposes:(1) Actual costs associated with complying with the requirements of this article.(2) Actual costs of providing recycled paper bags or reusable grocery bags.(3) Costs associated with a stores educational materials or educational campaign encouraging the use of reusable grocery bags.(4) Costs associated with providing consumers with an opportunity for returning reusable grocery bags to the store for recycling, and any other costs associated with ensuring that collected bags are recycled.(b) A store shall submit an annual report to the department specifying all of the following:(1) The number of bags purchased in the year, categorized by the type of bags purchased.(2) The number of bags given away without charge pursuant to subdivision (d) of Section 42283.(3) The actual costs to the store for acquiring and providing the bags purchased in the year, categorized by the type of bags purchased.(4) The actual costs associated with paragraphs (3) and (4) of subdivision (a), categorized by the type of bags purchased.(5) The total costs associated with subdivision (a) in the year, categorized by the types of bags purchased.(6) The balance, if any, of remaining funds in the year.(c) An authorized representative of a store with a collective bargaining agreement may, upon request, review and make copies of the annual reports submitted by the store to the department pursuant to subdivision (b).(d) For purposes of subdivisions (b) and (c), store means a full-line, self-service retail establishment that meets all of the following criteria:(1) Has gross annual sales of two million dollars ($2,000,000) or more.(2) Sells a line of dry groceries, canned goods, or nonfood items, and some perishable items.(3) Is an employer with 300 or more employees nationwide. For purposes of this paragraph, employer is a person, as defined in Section 18 of the Labor Code, and includes, but is not limited to, a proprietorship, joint venture, corporate officer, or executive.(e) A chain that owns more than one store may report aggregated data for all of the stores operated under that chain. |
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| 1 | + | Amended IN Assembly September 07, 2023 Amended IN Assembly September 01, 2023 Amended IN Assembly July 12, 2023 Amended IN Assembly July 03, 2023 Amended IN Senate May 18, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 777Introduced by Senator AllenFebruary 17, 2023An act to amend Sections 42281, 42283.6, and Section 42283.7 of the Public Resources Code, relating to solid waste. LEGISLATIVE COUNSEL'S DIGESTSB 777, as amended, Allen. Solid waste: reusable grocery bags and recycled paper bags.The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, generally regulates the disposal, management, and recycling of solid waste. Existing law prohibits certain stores from providing a single-use carryout bag to a customer and prohibits those stores from selling or distributing a reusable grocery bag or a recycled paper bag at the point of sale unless the store makes that bag available for purchase for not less than $0.10. Existing law requires a store to retain those collected moneys to be used only for costs associated with complying with those provisions, actual costs of providing recycled paper bags or reusable grocery bags, and costs associated with a stores educational materials or educational campaign encouraging the use of reusable grocery bags. Existing law requires a reusable grocery bag sold by certain stores to a customer at the point of sale to be made by a certified reusable grocery bag producer and to meet specified requirements with regard to the bags labeling relating to its reusability and recyclability. Existing law authorizes a city, county, city and county, or the state to impose civil penalties on a person or entity that knows or reasonably should have known it is in violation of those requirements.This bill would require a store to retain the collected moneys to also be used for costs associated with providing consumers with an opportunity for returning reusable grocery bags to the store for recycling, and any other costs associated with ensuring that collected bags are recycled. The bill would add specificity to the above-referenced labeling requirements for reusable grocery bags. The bill would require certain stores to accept returned reusable grocery bags from customers and to implement and maintain a plan for recycling the returned bags, as provided. The bill would delete obsolete references relating to an at-store recycling program for the return of clean plastic carryout bags to stores.The bill would require stores to submit an annual report to the department with specified information related to the total costs associated with complying with the act, as specified, and the balance, if any, of remaining funds, in the year. The bill would authorize a chain that owns more than one store to report aggregated data for all of the stores operated under that chain. The bill would authorize the department to conduct related audits on the departments own initiative or upon request and would authorize an authorized representative of a store with a collective bargaining agreement to review and make copies of those annual reports. The bill would require that these provisions apply only to certain stores, as described.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. This act shall be known as the Transparency in Grocery Bag Recycling Act. SEC. 2.Section 42281 of the Public Resources Code is amended to read: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)Has a handle and is designed for at least 125 uses, as provided in this article.(2)Has a volume capacity of at least 15 liters.(3)Is machine washable or made from a material that can be cleaned and disinfected.(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)The name of the manufacturer.(B)The country where the bag was manufactured.(C)A statement, in bold type and a font size not less than 14-point type, that the bag is a reusable bag and designed for at least 125 uses.(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. The instructions shall be printed on the consumer-facing part of the bag in bold type and a font size not less than 14-point type. 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)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)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)(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)On and after January 1, 2016, it shall be made from a minimum of 20 percent postconsumer recycled material.(B)On and after January 1, 2020, it shall be made from a minimum of 40 percent postconsumer recycled material.(C)It shall be recyclable in this state, and accepted for return at stores.(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)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)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)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)It shall be sewn.(2)It shall be capable of carrying 22 pounds over a distance of 175 feet for a minimum of 125 uses.(3)It shall have a minimum fabric weight of at least 80 grams per square meter.(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.SEC. 3.Section 42283.6 of the Public Resources Code is amended to read:42283.6.(a)The operator of a store, as defined in paragraph (1) or (2) of subdivision (g) of Section 42280 that makes recycled paper or reusable grocery bags available at the point of sale, shall provide customers with the opportunity to return reusable grocery bags and implement and maintain a plan that ensures the reusable grocery bags returned to the store are recycled. The plan shall include arrangements made with recyclers and reclaimers to ensure the reusable grocery bags meet the requirements described in subdivision (d) of Section 42355.51 and that the material is sent to responsible end markets as defined in subdivision (ad) of Section 42041. (b)A store that voluntarily agrees to comply with the provisions of this article pursuant to subdivision (g) of Section 42280 shall provide customers with the opportunity to return reusable grocery bags and implement and maintain a plan that ensures the reusable grocery bags returned to the store are recycled. The plan shall include arrangements made with recyclers and reclaimers to ensure the reusable grocery bags meet the requirements described in subdivision (d) of Section 42355.51 and that the material is sent to responsible end markets as defined in subdivision (ad) of Section 42041.SEC. 4.SEC. 2. Section 42283.7 of the Public Resources Code is amended to read:42283.7. (a) All moneys collected pursuant to this article shall be retained by the store and may be used only for the following purposes:(1) Actual costs associated with complying with the requirements of this article.(2) Actual costs of providing recycled paper bags or reusable grocery bags.(3) Costs associated with a stores educational materials or educational campaign encouraging the use of reusable grocery bags.(4) Costs associated with providing consumers with an opportunity for returning reusable grocery bags to the store for recycling, and any other costs associated with ensuring that collected bags are recycled.(b) A store shall submit an annual report to the department specifying all of the following:(1) The number of bags purchased in the year, categorized by the type of bags purchased.(2) The number of bags given away without charge pursuant to subdivision (d) of Section 42283.(3) The actual costs to the store for acquiring and providing the bags purchased in the year, categorized by the type of bags purchased.(4) The actual costs associated with paragraphs (3) and (4) of subdivision (a), categorized by the type of bags purchased.(5) The total costs associated with subdivision (a) in the year, categorized by the types of bags purchased.(6) The balance, if any, of remaining funds in the year.(c) An authorized representative of a store with a collective bargaining agreement may, upon request, review and make copies of the annual reports submitted by the store to the department pursuant to subdivision (b).(d)The department may conduct audits of stores, upon the departments own initiative or upon request, for compliance with this section.(e)(d) For purposes of subdivisions (b), (c), and (d), (b) and (c), store means a full-line, self-service retail establishment that meets all of the following criteria:(1) Has gross annual sales of two million dollars ($2,000,000) or more.(2) Sells a line of dry groceries, canned goods, or nonfood items, and some perishable items.(3) Is an employer with 300 or more employees nationwide. For purposes of this paragraph, employer is a person, as defined in Section 18 of the Labor Code, and includes, but is not limited to, a proprietorship, joint venture, corporate officer, or executive.(f)(e) A chain that owns more than one store may report aggregated data for all of the stores operated under that chain. |
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| 3 | | - | Enrolled September 19, 2023 Passed IN Senate September 14, 2023 Passed IN Assembly September 14, 2023 Amended IN Assembly September 07, 2023 Amended IN Assembly September 01, 2023 Amended IN Assembly July 12, 2023 Amended IN Assembly July 03, 2023 Amended IN Senate May 18, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 777Introduced by Senator AllenFebruary 17, 2023An act to amend Section 42283.7 of the Public Resources Code, relating to solid waste. LEGISLATIVE COUNSEL'S DIGESTSB 777, Allen. Solid waste: reusable grocery bags and recycled paper bags.The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, generally regulates the disposal, management, and recycling of solid waste. Existing law prohibits certain stores from providing a single-use carryout bag to a customer and prohibits those stores from selling or distributing a reusable grocery bag or a recycled paper bag at the point of sale unless the store makes that bag available for purchase for not less than $0.10. Existing law requires a store to retain those collected moneys to be used only for costs associated with complying with those provisions, actual costs of providing recycled paper bags or reusable grocery bags, and costs associated with a stores educational materials or educational campaign encouraging the use of reusable grocery bags. Existing law authorizes a city, county, city and county, or the state to impose civil penalties on a person or entity that knows or reasonably should have known it is in violation of those requirements.This bill would require a store to retain the collected moneys to also be used for costs associated with providing consumers with an opportunity for returning reusable grocery bags to the store for recycling, and any other costs associated with ensuring that collected bags are recycled.The bill would require stores to submit an annual report to the department with specified information related to the total costs associated with complying with the act, as specified, and the balance, if any, of remaining funds, in the year. The bill would authorize a chain that owns more than one store to report aggregated data for all of the stores operated under that chain. The bill would authorize an authorized representative of a store with a collective bargaining agreement to review and make copies of those annual reports. The bill would require that these provisions apply only to certain stores, as described.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO |
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| 3 | + | Amended IN Assembly September 07, 2023 Amended IN Assembly September 01, 2023 Amended IN Assembly July 12, 2023 Amended IN Assembly July 03, 2023 Amended IN Senate May 18, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 777Introduced by Senator AllenFebruary 17, 2023An act to amend Sections 42281, 42283.6, and Section 42283.7 of the Public Resources Code, relating to solid waste. LEGISLATIVE COUNSEL'S DIGESTSB 777, as amended, Allen. Solid waste: reusable grocery bags and recycled paper bags.The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, generally regulates the disposal, management, and recycling of solid waste. Existing law prohibits certain stores from providing a single-use carryout bag to a customer and prohibits those stores from selling or distributing a reusable grocery bag or a recycled paper bag at the point of sale unless the store makes that bag available for purchase for not less than $0.10. Existing law requires a store to retain those collected moneys to be used only for costs associated with complying with those provisions, actual costs of providing recycled paper bags or reusable grocery bags, and costs associated with a stores educational materials or educational campaign encouraging the use of reusable grocery bags. Existing law requires a reusable grocery bag sold by certain stores to a customer at the point of sale to be made by a certified reusable grocery bag producer and to meet specified requirements with regard to the bags labeling relating to its reusability and recyclability. Existing law authorizes a city, county, city and county, or the state to impose civil penalties on a person or entity that knows or reasonably should have known it is in violation of those requirements.This bill would require a store to retain the collected moneys to also be used for costs associated with providing consumers with an opportunity for returning reusable grocery bags to the store for recycling, and any other costs associated with ensuring that collected bags are recycled. The bill would add specificity to the above-referenced labeling requirements for reusable grocery bags. The bill would require certain stores to accept returned reusable grocery bags from customers and to implement and maintain a plan for recycling the returned bags, as provided. The bill would delete obsolete references relating to an at-store recycling program for the return of clean plastic carryout bags to stores.The bill would require stores to submit an annual report to the department with specified information related to the total costs associated with complying with the act, as specified, and the balance, if any, of remaining funds, in the year. The bill would authorize a chain that owns more than one store to report aggregated data for all of the stores operated under that chain. The bill would authorize the department to conduct related audits on the departments own initiative or upon request and would authorize an authorized representative of a store with a collective bargaining agreement to review and make copies of those annual reports. The bill would require that these provisions apply only to certain stores, as described.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO |
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| 47 | | - | The people of the State of California do enact as follows:SECTION 1. This act shall be known as the Transparency in Grocery Bag Recycling Act. SEC. 2. Section 42283.7 of the Public Resources Code is amended to read:42283.7. (a) All moneys collected pursuant to this article shall be retained by the store and may be used only for the following purposes:(1) Actual costs associated with complying with the requirements of this article.(2) Actual costs of providing recycled paper bags or reusable grocery bags.(3) Costs associated with a stores educational materials or educational campaign encouraging the use of reusable grocery bags.(4) Costs associated with providing consumers with an opportunity for returning reusable grocery bags to the store for recycling, and any other costs associated with ensuring that collected bags are recycled.(b) A store shall submit an annual report to the department specifying all of the following:(1) The number of bags purchased in the year, categorized by the type of bags purchased.(2) The number of bags given away without charge pursuant to subdivision (d) of Section 42283.(3) The actual costs to the store for acquiring and providing the bags purchased in the year, categorized by the type of bags purchased.(4) The actual costs associated with paragraphs (3) and (4) of subdivision (a), categorized by the type of bags purchased.(5) The total costs associated with subdivision (a) in the year, categorized by the types of bags purchased.(6) The balance, if any, of remaining funds in the year.(c) An authorized representative of a store with a collective bargaining agreement may, upon request, review and make copies of the annual reports submitted by the store to the department pursuant to subdivision (b).(d) For purposes of subdivisions (b) and (c), store means a full-line, self-service retail establishment that meets all of the following criteria:(1) Has gross annual sales of two million dollars ($2,000,000) or more.(2) Sells a line of dry groceries, canned goods, or nonfood items, and some perishable items.(3) Is an employer with 300 or more employees nationwide. For purposes of this paragraph, employer is a person, as defined in Section 18 of the Labor Code, and includes, but is not limited to, a proprietorship, joint venture, corporate officer, or executive.(e) A chain that owns more than one store may report aggregated data for all of the stores operated under that chain. |
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| 44 | + | The people of the State of California do enact as follows:SECTION 1. This act shall be known as the Transparency in Grocery Bag Recycling Act. SEC. 2.Section 42281 of the Public Resources Code is amended to read: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)Has a handle and is designed for at least 125 uses, as provided in this article.(2)Has a volume capacity of at least 15 liters.(3)Is machine washable or made from a material that can be cleaned and disinfected.(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)The name of the manufacturer.(B)The country where the bag was manufactured.(C)A statement, in bold type and a font size not less than 14-point type, that the bag is a reusable bag and designed for at least 125 uses.(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. The instructions shall be printed on the consumer-facing part of the bag in bold type and a font size not less than 14-point type. 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)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)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)(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)On and after January 1, 2016, it shall be made from a minimum of 20 percent postconsumer recycled material.(B)On and after January 1, 2020, it shall be made from a minimum of 40 percent postconsumer recycled material.(C)It shall be recyclable in this state, and accepted for return at stores.(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)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)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)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)It shall be sewn.(2)It shall be capable of carrying 22 pounds over a distance of 175 feet for a minimum of 125 uses.(3)It shall have a minimum fabric weight of at least 80 grams per square meter.(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.SEC. 3.Section 42283.6 of the Public Resources Code is amended to read:42283.6.(a)The operator of a store, as defined in paragraph (1) or (2) of subdivision (g) of Section 42280 that makes recycled paper or reusable grocery bags available at the point of sale, shall provide customers with the opportunity to return reusable grocery bags and implement and maintain a plan that ensures the reusable grocery bags returned to the store are recycled. The plan shall include arrangements made with recyclers and reclaimers to ensure the reusable grocery bags meet the requirements described in subdivision (d) of Section 42355.51 and that the material is sent to responsible end markets as defined in subdivision (ad) of Section 42041. (b)A store that voluntarily agrees to comply with the provisions of this article pursuant to subdivision (g) of Section 42280 shall provide customers with the opportunity to return reusable grocery bags and implement and maintain a plan that ensures the reusable grocery bags returned to the store are recycled. The plan shall include arrangements made with recyclers and reclaimers to ensure the reusable grocery bags meet the requirements described in subdivision (d) of Section 42355.51 and that the material is sent to responsible end markets as defined in subdivision (ad) of Section 42041.SEC. 4.SEC. 2. Section 42283.7 of the Public Resources Code is amended to read:42283.7. (a) All moneys collected pursuant to this article shall be retained by the store and may be used only for the following purposes:(1) Actual costs associated with complying with the requirements of this article.(2) Actual costs of providing recycled paper bags or reusable grocery bags.(3) Costs associated with a stores educational materials or educational campaign encouraging the use of reusable grocery bags.(4) Costs associated with providing consumers with an opportunity for returning reusable grocery bags to the store for recycling, and any other costs associated with ensuring that collected bags are recycled.(b) A store shall submit an annual report to the department specifying all of the following:(1) The number of bags purchased in the year, categorized by the type of bags purchased.(2) The number of bags given away without charge pursuant to subdivision (d) of Section 42283.(3) The actual costs to the store for acquiring and providing the bags purchased in the year, categorized by the type of bags purchased.(4) The actual costs associated with paragraphs (3) and (4) of subdivision (a), categorized by the type of bags purchased.(5) The total costs associated with subdivision (a) in the year, categorized by the types of bags purchased.(6) The balance, if any, of remaining funds in the year.(c) An authorized representative of a store with a collective bargaining agreement may, upon request, review and make copies of the annual reports submitted by the store to the department pursuant to subdivision (b).(d)The department may conduct audits of stores, upon the departments own initiative or upon request, for compliance with this section.(e)(d) For purposes of subdivisions (b), (c), and (d), (b) and (c), store means a full-line, self-service retail establishment that meets all of the following criteria:(1) Has gross annual sales of two million dollars ($2,000,000) or more.(2) Sells a line of dry groceries, canned goods, or nonfood items, and some perishable items.(3) Is an employer with 300 or more employees nationwide. For purposes of this paragraph, employer is a person, as defined in Section 18 of the Labor Code, and includes, but is not limited to, a proprietorship, joint venture, corporate officer, or executive.(f)(e) A chain that owns more than one store may report aggregated data for all of the stores operated under that chain. |
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| 71 | | - | 42283.7. (a) All moneys collected pursuant to this article shall be retained by the store and may be used only for the following purposes:(1) Actual costs associated with complying with the requirements of this article.(2) Actual costs of providing recycled paper bags or reusable grocery bags.(3) Costs associated with a stores educational materials or educational campaign encouraging the use of reusable grocery bags.(4) Costs associated with providing consumers with an opportunity for returning reusable grocery bags to the store for recycling, and any other costs associated with ensuring that collected bags are recycled.(b) A store shall submit an annual report to the department specifying all of the following:(1) The number of bags purchased in the year, categorized by the type of bags purchased.(2) The number of bags given away without charge pursuant to subdivision (d) of Section 42283.(3) The actual costs to the store for acquiring and providing the bags purchased in the year, categorized by the type of bags purchased.(4) The actual costs associated with paragraphs (3) and (4) of subdivision (a), categorized by the type of bags purchased.(5) The total costs associated with subdivision (a) in the year, categorized by the types of bags purchased.(6) The balance, if any, of remaining funds in the year.(c) An authorized representative of a store with a collective bargaining agreement may, upon request, review and make copies of the annual reports submitted by the store to the department pursuant to subdivision (b).(d) For purposes of subdivisions (b) and (c), store means a full-line, self-service retail establishment that meets all of the following criteria:(1) Has gross annual sales of two million dollars ($2,000,000) or more.(2) Sells a line of dry groceries, canned goods, or nonfood items, and some perishable items.(3) Is an employer with 300 or more employees nationwide. For purposes of this paragraph, employer is a person, as defined in Section 18 of the Labor Code, and includes, but is not limited to, a proprietorship, joint venture, corporate officer, or executive.(e) A chain that owns more than one store may report aggregated data for all of the stores operated under that chain. |
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| 64 | + | |
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| 65 | + | |
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| 66 | + | (1)Has a handle and is designed for at least 125 uses, as provided in this article. |
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| 67 | + | |
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| 68 | + | |
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| 69 | + | |
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| 70 | + | (2)Has a volume capacity of at least 15 liters. |
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| 71 | + | |
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| 72 | + | |
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| 73 | + | |
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| 74 | + | (3)Is machine washable or made from a material that can be cleaned and disinfected. |
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| 75 | + | |
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| 76 | + | |
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| 77 | + | |
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| 78 | + | (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: |
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| 79 | + | |
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| 80 | + | |
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| 81 | + | |
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| 82 | + | (A)The name of the manufacturer. |
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| 83 | + | |
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| 84 | + | |
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| 85 | + | |
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| 86 | + | (B)The country where the bag was manufactured. |
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| 87 | + | |
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| 88 | + | |
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| 89 | + | |
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| 90 | + | (C)A statement, in bold type and a font size not less than 14-point type, that the bag is a reusable bag and designed for at least 125 uses. |
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| 91 | + | |
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| 92 | + | |
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| 93 | + | |
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| 94 | + | (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. The instructions shall be printed on the consumer-facing part of the bag in bold type and a font size not less than 14-point type. 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. |
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| 95 | + | |
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| 96 | + | |
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| 97 | + | |
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| 98 | + | (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. |
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| 99 | + | |
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| 100 | + | |
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| 101 | + | |
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| 102 | + | (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. |
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| 103 | + | |
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| 104 | + | |
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| 105 | + | |
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| 106 | + | (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: |
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| 107 | + | |
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| 108 | + | |
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| 109 | + | |
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| 110 | + | (A)On and after January 1, 2016, it shall be made from a minimum of 20 percent postconsumer recycled material. |
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| 111 | + | |
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| 112 | + | |
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| 113 | + | |
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| 114 | + | (B)On and after January 1, 2020, it shall be made from a minimum of 40 percent postconsumer recycled material. |
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| 115 | + | |
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| 116 | + | |
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| 117 | + | |
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| 118 | + | (C)It shall be recyclable in this state, and accepted for return at stores. |
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| 119 | + | |
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| 120 | + | |
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| 121 | + | |
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| 122 | + | (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. |
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| 123 | + | |
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| 124 | + | |
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| 125 | + | |
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| 126 | + | (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. |
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| 127 | + | |
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| 128 | + | |
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| 129 | + | |
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| 130 | + | (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. |
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| 131 | + | |
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| 132 | + | |
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| 133 | + | |
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| 134 | + | (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: |
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| 135 | + | |
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| 136 | + | |
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| 137 | + | |
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| 138 | + | (1)It shall be sewn. |
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| 139 | + | |
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| 140 | + | |
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| 141 | + | |
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| 142 | + | (2)It shall be capable of carrying 22 pounds over a distance of 175 feet for a minimum of 125 uses. |
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| 143 | + | |
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| 144 | + | |
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| 145 | + | |
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| 146 | + | (3)It shall have a minimum fabric weight of at least 80 grams per square meter. |
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| 147 | + | |
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| 148 | + | |
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| 149 | + | |
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| 150 | + | (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. |
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| 151 | + | |
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| 152 | + | |
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| 153 | + | |
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| 154 | + | |
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| 155 | + | |
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| 156 | + | |
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| 157 | + | |
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| 158 | + | (a)The operator of a store, as defined in paragraph (1) or (2) of subdivision (g) of Section 42280 that makes recycled paper or reusable grocery bags available at the point of sale, shall provide customers with the opportunity to return reusable grocery bags and implement and maintain a plan that ensures the reusable grocery bags returned to the store are recycled. The plan shall include arrangements made with recyclers and reclaimers to ensure the reusable grocery bags meet the requirements described in subdivision (d) of Section 42355.51 and that the material is sent to responsible end markets as defined in subdivision (ad) of Section 42041. |
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| 159 | + | |
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| 160 | + | |
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| 161 | + | |
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| 162 | + | (b)A store that voluntarily agrees to comply with the provisions of this article pursuant to subdivision (g) of Section 42280 shall provide customers with the opportunity to return reusable grocery bags and implement and maintain a plan that ensures the reusable grocery bags returned to the store are recycled. The plan shall include arrangements made with recyclers and reclaimers to ensure the reusable grocery bags meet the requirements described in subdivision (d) of Section 42355.51 and that the material is sent to responsible end markets as defined in subdivision (ad) of Section 42041. |
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| 163 | + | |
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| 164 | + | |
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| 165 | + | |
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| 166 | + | SEC. 4.SEC. 2. Section 42283.7 of the Public Resources Code is amended to read:42283.7. (a) All moneys collected pursuant to this article shall be retained by the store and may be used only for the following purposes:(1) Actual costs associated with complying with the requirements of this article.(2) Actual costs of providing recycled paper bags or reusable grocery bags.(3) Costs associated with a stores educational materials or educational campaign encouraging the use of reusable grocery bags.(4) Costs associated with providing consumers with an opportunity for returning reusable grocery bags to the store for recycling, and any other costs associated with ensuring that collected bags are recycled.(b) A store shall submit an annual report to the department specifying all of the following:(1) The number of bags purchased in the year, categorized by the type of bags purchased.(2) The number of bags given away without charge pursuant to subdivision (d) of Section 42283.(3) The actual costs to the store for acquiring and providing the bags purchased in the year, categorized by the type of bags purchased.(4) The actual costs associated with paragraphs (3) and (4) of subdivision (a), categorized by the type of bags purchased.(5) The total costs associated with subdivision (a) in the year, categorized by the types of bags purchased.(6) The balance, if any, of remaining funds in the year.(c) An authorized representative of a store with a collective bargaining agreement may, upon request, review and make copies of the annual reports submitted by the store to the department pursuant to subdivision (b).(d)The department may conduct audits of stores, upon the departments own initiative or upon request, for compliance with this section.(e)(d) For purposes of subdivisions (b), (c), and (d), (b) and (c), store means a full-line, self-service retail establishment that meets all of the following criteria:(1) Has gross annual sales of two million dollars ($2,000,000) or more.(2) Sells a line of dry groceries, canned goods, or nonfood items, and some perishable items.(3) Is an employer with 300 or more employees nationwide. For purposes of this paragraph, employer is a person, as defined in Section 18 of the Labor Code, and includes, but is not limited to, a proprietorship, joint venture, corporate officer, or executive.(f)(e) A chain that owns more than one store may report aggregated data for all of the stores operated under that chain. |
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| 167 | + | |
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| 168 | + | SEC. 4.SEC. 2. Section 42283.7 of the Public Resources Code is amended to read: |
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| 169 | + | |
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| 170 | + | ### SEC. 4.SEC. 2. |
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| 171 | + | |
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| 172 | + | 42283.7. (a) All moneys collected pursuant to this article shall be retained by the store and may be used only for the following purposes:(1) Actual costs associated with complying with the requirements of this article.(2) Actual costs of providing recycled paper bags or reusable grocery bags.(3) Costs associated with a stores educational materials or educational campaign encouraging the use of reusable grocery bags.(4) Costs associated with providing consumers with an opportunity for returning reusable grocery bags to the store for recycling, and any other costs associated with ensuring that collected bags are recycled.(b) A store shall submit an annual report to the department specifying all of the following:(1) The number of bags purchased in the year, categorized by the type of bags purchased.(2) The number of bags given away without charge pursuant to subdivision (d) of Section 42283.(3) The actual costs to the store for acquiring and providing the bags purchased in the year, categorized by the type of bags purchased.(4) The actual costs associated with paragraphs (3) and (4) of subdivision (a), categorized by the type of bags purchased.(5) The total costs associated with subdivision (a) in the year, categorized by the types of bags purchased.(6) The balance, if any, of remaining funds in the year.(c) An authorized representative of a store with a collective bargaining agreement may, upon request, review and make copies of the annual reports submitted by the store to the department pursuant to subdivision (b).(d)The department may conduct audits of stores, upon the departments own initiative or upon request, for compliance with this section.(e)(d) For purposes of subdivisions (b), (c), and (d), (b) and (c), store means a full-line, self-service retail establishment that meets all of the following criteria:(1) Has gross annual sales of two million dollars ($2,000,000) or more.(2) Sells a line of dry groceries, canned goods, or nonfood items, and some perishable items.(3) Is an employer with 300 or more employees nationwide. For purposes of this paragraph, employer is a person, as defined in Section 18 of the Labor Code, and includes, but is not limited to, a proprietorship, joint venture, corporate officer, or executive.(f)(e) A chain that owns more than one store may report aggregated data for all of the stores operated under that chain. |
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| 173 | + | |
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| 174 | + | 42283.7. (a) All moneys collected pursuant to this article shall be retained by the store and may be used only for the following purposes:(1) Actual costs associated with complying with the requirements of this article.(2) Actual costs of providing recycled paper bags or reusable grocery bags.(3) Costs associated with a stores educational materials or educational campaign encouraging the use of reusable grocery bags.(4) Costs associated with providing consumers with an opportunity for returning reusable grocery bags to the store for recycling, and any other costs associated with ensuring that collected bags are recycled.(b) A store shall submit an annual report to the department specifying all of the following:(1) The number of bags purchased in the year, categorized by the type of bags purchased.(2) The number of bags given away without charge pursuant to subdivision (d) of Section 42283.(3) The actual costs to the store for acquiring and providing the bags purchased in the year, categorized by the type of bags purchased.(4) The actual costs associated with paragraphs (3) and (4) of subdivision (a), categorized by the type of bags purchased.(5) The total costs associated with subdivision (a) in the year, categorized by the types of bags purchased.(6) The balance, if any, of remaining funds in the year.(c) An authorized representative of a store with a collective bargaining agreement may, upon request, review and make copies of the annual reports submitted by the store to the department pursuant to subdivision (b).(d)The department may conduct audits of stores, upon the departments own initiative or upon request, for compliance with this section.(e)(d) For purposes of subdivisions (b), (c), and (d), (b) and (c), store means a full-line, self-service retail establishment that meets all of the following criteria:(1) Has gross annual sales of two million dollars ($2,000,000) or more.(2) Sells a line of dry groceries, canned goods, or nonfood items, and some perishable items.(3) Is an employer with 300 or more employees nationwide. For purposes of this paragraph, employer is a person, as defined in Section 18 of the Labor Code, and includes, but is not limited to, a proprietorship, joint venture, corporate officer, or executive.(f)(e) A chain that owns more than one store may report aggregated data for all of the stores operated under that chain. |
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| 175 | + | |
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| 176 | + | 42283.7. (a) All moneys collected pursuant to this article shall be retained by the store and may be used only for the following purposes:(1) Actual costs associated with complying with the requirements of this article.(2) Actual costs of providing recycled paper bags or reusable grocery bags.(3) Costs associated with a stores educational materials or educational campaign encouraging the use of reusable grocery bags.(4) Costs associated with providing consumers with an opportunity for returning reusable grocery bags to the store for recycling, and any other costs associated with ensuring that collected bags are recycled.(b) A store shall submit an annual report to the department specifying all of the following:(1) The number of bags purchased in the year, categorized by the type of bags purchased.(2) The number of bags given away without charge pursuant to subdivision (d) of Section 42283.(3) The actual costs to the store for acquiring and providing the bags purchased in the year, categorized by the type of bags purchased.(4) The actual costs associated with paragraphs (3) and (4) of subdivision (a), categorized by the type of bags purchased.(5) The total costs associated with subdivision (a) in the year, categorized by the types of bags purchased.(6) The balance, if any, of remaining funds in the year.(c) An authorized representative of a store with a collective bargaining agreement may, upon request, review and make copies of the annual reports submitted by the store to the department pursuant to subdivision (b).(d)The department may conduct audits of stores, upon the departments own initiative or upon request, for compliance with this section.(e)(d) For purposes of subdivisions (b), (c), and (d), (b) and (c), store means a full-line, self-service retail establishment that meets all of the following criteria:(1) Has gross annual sales of two million dollars ($2,000,000) or more.(2) Sells a line of dry groceries, canned goods, or nonfood items, and some perishable items.(3) Is an employer with 300 or more employees nationwide. For purposes of this paragraph, employer is a person, as defined in Section 18 of the Labor Code, and includes, but is not limited to, a proprietorship, joint venture, corporate officer, or executive.(f)(e) A chain that owns more than one store may report aggregated data for all of the stores operated under that chain. |
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