Single-Use Carryout Bag Ordinance

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Customers are encouraged to bring their own bags when shopping whenever possible. Here are some tips on safely using reusable bags:

Leave your bags in your shopping cart or basket.
If a store does not allow the bags inside, leave them in your vehicle.
Rather than have the grocery clerk bag up your groceries, ask them to place the groceries back into the shopping cart or basket. Bring your groceries to your vehicle and bag them there.
Wash your reusable bags frequently

On May 26, 2020 CAL-OSHA released health and safety guidance for grocery stores that includes information on safely using reusable bags.

The City Council first adopted Ordinance #2422: Single-Use Carryout Bags Ordinance on November 12, 2013. On May 27, 2014 City Council voted to amend the Carryout Bag Ordinance to exempt restaurants from being required to charge 10 cents for paper or reusable bags (Ordinance #2436 Single-Use Carryout Bags Amendment).

At ALL Retail Stores and Restaurants in Davis:

Single-use plastic carryout bags may not be distributed to customers at the point of sale.
Stores MUST charge a minimum fee of 10 cents ($0.10) per bag for paper and reusable carryout bags provided to a customer at the point of sale.
Restaurants are NOT required to charge a fee for paper or reusable bags provided for take-out food.
All paper carryout bags must be made from a minimum 40% postconsumer recycled material.
All reusable carryout bags must meet certain criteria for durability.

Single-Use Carryout Bag Ordinance Fact Sheet (PDF)
Single-Use Carryout Bag Ordinance Fact Sheet - Spanish (PDF)

Customers have choices available when shopping:

bring your own bag (reusable cloth bag, paper bag, or plastic bag)
purchase a paper bag for 10 cents
purchase a reusable bag
carry your items out of the store without a bag

Background

On December 6, 2011, the City adopted a Zero Waste Resolution in which the City strives to implement zero waste strategies. It is the desire of the City of Davis to conserve resources, reduce GHG emissions, waste, litter and pollution. The use of single-use shopping bags (plastic, paper, and biodegradable) have negative environmental impacts, including greenhouse gas (GHG) emissions, litter, water consumption, solid waste generation and effects on wildlife. From an overall environmental and economic perspective, the best alternative to single-use plastic and paper carry-out bags is a shift to reusable bags. Studies and impacts from similar policies adopted in other jurisdictions document that restricting plastic bags and placing fees on paper bags will dramatically reduce the use of both types of bags.

Despite their lightweight and compact characteristics, plastic bags disproportionately impact the solid waste and recycling stream and persist in the environment even after they have broken down. Even when plastic bags are disposed of properly, they often become litter due to their aerodynamic nature. The bags can be blown out of the landfill by the wind. Plastic litter not only causes visual blight, but can potentially harm wildlife.

Resources for Businesses

Requirements for Businesses

The Carry-Out Bag Ordinance applies to commercial establishments selling perishable or nonperishable goods directly to the customer, this includes all retail, restaurants, and take-out food (fast-food) businesses.
The ordinance does not apply to nonprofit charitable reuse stores (thrift stores).
Businesses may not provide single-use plastic carry-out bags to customers (plastic carry-out bags are banned). Customers may bring their own reusable bags or purchase bags from businesses.
Retail stores may provide customers with a recycled paper bag or reusable bag, but only if the store charges a minimum price of 10 cents per bag.
A business may exempt customers paying for goods with WIC, CalFresh, SNAP or other food stamp cards from bag charges.
Businesses retain money collected from bag charges. The 10 cent paper bag pass-through is exempt from sales tax.
Protective bags (without handles) may be provided at no charge for use to segregate and transport items to the cashier (e.g. bags for meat, produce, prescriptions, greeting cards, or bulk items).
Paper bags must meet certain criteria:
- Paper carryout bag must be 40 percent post-consumer recycled content minimum.
- An eight pound-rated or smaller paper carryout bag must be 20 percent post-consumer recycled content minimum.
- The bags recycled content percentage must be printed on the paper carryout bag. (example: “Made from 40% post-consumer recycled materials”).
- The paper carryout bag must be recyclable and compostable (no plastic or cloth handles or other components).
Reusable bags must meet certain criteria:
- Must be machine washable or easily cleaned or disinfected.
- Does not contain lead, cadmium, or any other heavy metal in toxic amounts, as defined by applicable State and Federal standards and regulations for packaging or reusable bags.
- If made of plastic, is a minimum of at least 2.25 mils (thousandths of an inch) thick.
- Has a minimum lifetime of 125 uses, which for purposes of this subdivision, means the capability of carrying a minimum of 22 pounds 125 times over a distance of at least 175 feet.

FAQs for Businesses

What businesses must comply with the Single-Use Carryout Bag Ordinance?

All businesses in Davis that sell perishable or nonperishable goods directly to a customer, including all retail stores, restaurants and take-out food establishments must comply. Nonprofit charitable reuse organizations are excluded from the ordinance.
What are the requirements for restaurants?
- Restaurants may not distribute single-use plastic carryout bags to customers for take-out food orders.
- Restaurants may distributed paper or reusable carryout bags to customers free of charge.
What qualifies as a paper carryout bag?
Paper carryout bags must meet all of the following applicable requirements:
- Except as otherwise provided in this section, the paper carryout bag contains a minimum of 40 percent post-consumer recycled content.
- An eight pound-rated or smaller paper carryout bag shall contain a minimum of 20 percent post-consumer recycled content.
- The paper carryout bag is accepted for curbside recycling in Davis.
- The paper carryout bag is capable of composting, consistent with the timeline and specifications of the American Society of Testing and Materials (ASTM) Standard D6400, as published in September 2004.
- Printed on the paper carryout bag is the percentage of post-consumer recycled content.
Talk to your distributor to find paper bags that meet the ordinance requirements..
What qualifies as a reusable bag?
A reusable bag is a bag with handles that is specifically designed and manufactured for multiple reuses and meets all of the following requirements:
- Is machine washable or easily cleaned or disinfected.
- Does not contain lead, cadmium, or any other heavy metal in toxic amounts, as defined by applicable State and Federal standards and regulations for packaging or reusable bags.
- If made of plastic, is a minimum of at least 2.25 mils (thousandths of an inch) thick.
- Has a minimum lifetime of 125 uses, which for purposes of this subdivision, means the capability of carrying a minimum of 22 pounds 125 times over a distance of at least 175 feet.
Talk to your distributor to find reusable bags that meet the ordinance requirements.
Are Biodegradable or compostable single-use carryout plastic bags allowed?

No. Any bag made predominantly of plastic derived from either petroleum or a biologically-based source, such as corn or other plant sources, that is provided to a customer at the point of sale is prohibited.
Can my store give out reusable bags for free as part of a special promotion?

Yes, during a time-limited store promotional program, reusable bags can be handed out to customers for free. Free distribution of reusable bags cannot be a regularly occurring activity.
Can my business offer a discount incentive to customers who bring their own bags?

Yes, nothing prohibits businesses from encouraging and providing incentives for the use of Reusable Bags through credits or rebates for customers that bring their own carryout bags at the point of sale for the purpose of carrying away goods.
Do restaurants have to charge 10 cents for bags for take-out food?

No. On May 27, 2014 City Council voted to amend the Carryout Bag Ordinance to exempt restaurants from being required to charge 10 cents for paper or reusable bags.
Can my store offer a sale providing a discount on the 10 cent paper bag charge?

No, stores collecting the 10 cent Paper Bag Cost Pass-Through cannot rebate or otherwise reimburse a customer for any portion of this pass-through. Stores can choose to charge more than 10 cents, but may not charge less than 10 cents for a paper carryout bag.
Does the 10 cent charge per paper bag apply to everyone? Who is exempt?

Stores may provide at the point of sale, free of charge, either reusable bags or recyclable paper carryout bags or both, at the store's option, to any customer participating in the California Special Supplemental Food Program for Women, Infants, and Children (WIC) or in the Supplemental Food Program (SNAP and CalFresh).
Is the 10 cent charge per paper bag taxable?

Not currently. The latest advisory is that the 10 cent charge on paper bags is not subject to State sales tax.
Are prescription bags subject to the 10 cent charge?

No, paper bags distributed for physician-prescribed prescriptions are not regulated.
Can I continue to sell plastic trash bag liners, sandwich bags and other packaged bags?

Yes, trash bags, sandwich bags and other packaged bags are not prohibited, unless they are provided at checkout for the purpose of transporting purchased goods.
Can customers use their own carryout bag?

Yes.
What can customers use as a carryout bag?

Anything they can safely carry their purchased goods with, including, but not limited to: reusable bags, plastic bags, baskets, buckets, and boxes.
What if customers don't want to buy or bring a reusable bag or a paper bag?

If they can comfortably carry their paid purchases out by hand, that is one option; or their goods can be packaged back into the shopping cart or basket for transporting to their vehicle, where they can be unloaded.
Are reusable bags recyclable? Where can customers bring them to be recycled?

Woven or cloth reusable bags are not recyclable. The best option for this type of bag is to donate it to a second hand store if it is still in usable condition, or repurpose the material if it’s not reusable. Plastic bags at least 2.25 mils thick may also be defined as reusable bags. These bags can be recycled at most grocery stores.
What are the requirements for events held at City facilities?
- Venders may not distribute single-use plastic carryout bags to customers at the point of sale.
- Paper or reusable carryout bags may be distributed to customers free of charge.
Are vendors at City facilities required to charge 10 cents for recyclable paper carryout bags?

No, recyclable paper or reusable carryout bags may be distributed to customers free of charge at any City facility, any event held on City property, or at any City sponsored event. However, they may not distribute single-use plastic carryout bags to customers at the point of sale.

FAQs for Customers

What if I don’t want to buy or bring a reusable bag or paper carryout bag?
The Single-Use Carryout Bag Ordinance does not prohibit customers from using bags of any type that they bring to the store themselves or from carrying away goods that are not placed in a bag, in lieu of using bags provided by the store. If you can comfortably carry your paid purchases out by hand, that is one option; or your goods can be placed into the shopping cart or basket for transporting to their vehicle; where they can be unloaded.

You have many choices available to you when you shop or order food. You may either:
- bring your own bag (reusable cloth bag, paper bag, or plastic bag)
- purchase a paper bag for 10 cents
- purchase a reusable bag
- carry your items out of the store without a bag
Do restaurants have to charge 10 cents for bags for take-out food?

No. On May 27, 2014 City Council voted to amend the Carryout Bag Ordinance to exempt restaurants from being required to charge 10 cents for paper or reusable bags.
Are the bags that my Pharmacist uses for my prescriptions subject to a charge?

No, since pharmacies are required to keep medical information confidential, carryout bags without handles used for prescription drugs would be exempt from the Single-Use Carryout Bag Ordinance. Carryout bags used for other purchased items would still be charged.
Are the bags that I get from the produce section for my fruits and vegetables subject to a charge?

No, bags used to transport produce, bulk food or meat from the produce, bulk food or meat department within a store would be exempt from the ordinance.
Can I continue to buy plastic trash bag liners, sandwich bags and other packaged bags?

Yes, trash bags, sandwich bags and other packaged bags are not prohibited, unless they are provided at checkout for the purpose of transporting purchased goods.
Some stores offer a discount incentive to customers who bring their own bags. Is this still allowed under the Single-Use Carryout Bag Ordinance?

Yes, nothing prohibits a business from encouraging and providing incentives for the use of Reusable Bags through credits or rebates for customers that bring their own carryout bags at the point of sale for the purpose of carrying away goods.
How can I remember to bring my reusable bag with me?
We can all help reduce the amount of carryout bags in landfills by using reusable shopping bags. If you’re having trouble remembering to bring reusable bags, it’s ok. Here are some helpful tips to help you remember to bring reusable shopping bags:
- Include a bag in your shopping list as Item #1
- Clip a bag to your shopping list.
- Keep reusable bags in the trunk of your car and put a small note on the dashboard to remind you.
- Keep a few compact reusable bags in your purse, jacket pocket, or backpack.
- Decorate your own bag—it’s easier to remember to bring something you like.
- Ask the kids to remind you to bring your bags as part of earning their allowance.
- Attach bags to your dog leash or bicycle.
- Put your bags back in your car or bike basket after emptying them.
- Leave your bags in the driver’s side pocket of the car.
- Hang bags on the front door knob, or on a hook near the front door.
- Leave them in a desk drawer at work.
- Put your coupons in the bag.
- Purchase or make bags that you really enjoy using and those that instill pride.
- Have different bags, baskets and carts for different types of shopping….a knapsack by your bike or a compact pouch-type bag in your handbag or purse.
- After you unpack and wash your bags, remember to place them next to your house keys. Bags you can see are not easily forgotten.
- Forgot your bags in the car? It’s OK. Before you go to the check-out, go back to your car and get them. It will help to remember next time.
- Share a Bag! If you see that someone has forgotten a bag you can offer them one of yours.
How should I care for my reusable bag?
Reusable bags are good for the environment, but it is important to take good care of them. Caring for your reusable shopping bags is like caring for your dishes; you wash them before using them again. Here are some tips to help care for your reusable bags:
- Wash polypropylene, cloth or canvas bags after each use, or bleach bags weekly (follow tag instructions, most cloth bags can be washed in the washing machine and plastic bags should be wiped down).
- Label the bags (meat, produce, boxed items, etc.).
- Only use the bags to carry groceries.
- Double wrap meats in plastic bags before putting them in a reusable bag.
- Keep meat and produce separate.
- Don’t store perishables in the trunk of your car.
- Group similar foods together and use the same bags for the same food groups to eliminate cross contamination.
- Allow the bags to dry completely after washing before storing.
Can my old single-use plastic carryout bags be recycled?

Yes, plastic bags that are CLEAN and DRY can be taken to some grocery stores for recycling. Look for the plastic bag recycling bin somewhere near the store entrance. Plastic bags that are dirty or wet can’t be recycled. Since plastic bags are lightweight, it is easy for them to escape the garbage can or landfill--tie them into knots and place them in the trash so they won’t blow away as easily.
Can I recycle paper bags?

Yes, you can place paper bags in your recycling cart.
Can I recycle my reusable bags?

Woven or cloth reusable bags are not recyclable. The best option for this type of bag is to donate it to a second hand store if it is still in usable condition, or repurpose the material if it’s not reusable. Plastic bags at least 2.25 mils thick may also be defined as reusable bags. These bags can be recycled at most grocery stores.