ORD NO. 2019-30 UPDATE OF PASS THROUGH FEE FROM RETAILERS TO CUSTOMERS REQUESTING BAGSORDINANCE NO. 2019-30
AN ORDINANCE of the City of Bainbridge Island, Washington, relating
to single -use plastic carryout bags; amending Chapter 13.28 of the
Bainbridge Island Municipal Code to increase the pass-through charge that
retail establishments collect from customers requesting recyclable paper
carryout bags; establishing an effective date of January 1, 2020.
WHEREAS, on April 11, 2012, the City Council adopted Ordinance No. 2012-06,
which banned single -use plastic carryout bags and established a pass-through fee that
retailers can charge of 5 cents for each recyclable paper carryout bag; and
WHEREAS, in order to be consistent with pass-through fees that retailers can
charge throughout Kitsap County and other incorporated cities within the County, the City
needs to increase the pass-through fee collected by retail establishments on Bainbridge
Island from 5 cents to 8 cents for each recyclable paper carryout bag; and
WHEREAS, it is in the best interest of the health, safety, and welfare of the people
of the City that regulations require a pass-through fee on the use of recyclable paper
carryout bags in order to encourage greater use of reusable bags, to reduce the cost of solid
waste disposal by the City, and to protect the environment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE
ISLAND, WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. Section 13.28.200 of the Bainbridge Island Municipal Code is hereby amended
to read as follows:
13.28.200 Single -use plastic and recyclable paper carryout bags
A. No retail establishment in the city shall provide a single -use plastic
carryout bag to any customer.
B. No retail establishment shall provide a paper carryout bag with a
manufacturer's stated capacity of one-eighth barrel (882 cubic inches) or
larger that is not a recyclable paper bag, and retail establishments shall
collect a pass-through charge of not less than $4,05 $0.08 for each
recyclable paper carryout bag provided to customers. It shall be a violation
of this section for any retail establishment to pay or otherwise reimburse a
customer for any portion of the pass-through charge; provided that retail
establishments may not collect a pass-through charge from anyone with a
voucher or electronic benefits card issued under the Women, Infants and
Children (WIC) or Temporary Assistance to Needy Families (TANF)
support programs, or the federal Supplemental Nutrition Assistance
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Program (SNAP, also known as Basic Food), or the Washington State Food
Assistance Program (FAP).
C. All retail establishments shall indicate on the customer transaction
receipt the number of recyclable paper carryout bags provided and the total
amount of the pass-through charge.
D. All retail establishments shall eemply with the r-equirements ef thi-5
seeti9ii by November- 1, 2012.
Dl✓. For purposes of this section, the following definitions apply:
1. "Carryout bag" means a bag that is provided by a retail
establishment at the check stand, cash register, point of sale or other point
of departure to a customer for the purpose of transporting food or
merchandise out of the establishment. Carryout bags do not include: (a)
bags used by customers inside stores to package bulk items such as fruit,
vegetables, nuts, grains, candy, greeting cards, or small hardware items,
such as nails and bolts, or to contain or wrap frozen foods, meat or fish,
whether prepackaged or not, or to contain or wrap flowers or potted plants,
or other items where dampness may be a problem, or to contain unwrapped
prepared foods or bakery goods, or to contain prescription drugs, or to
safeguard public health and safety during the transportation of prepared
take-out foods and prepared liquids intended for consumption away from
the retail establishment; or (b) newspaper bags, door -hanger bags, laundry -
dry cleaning bags, or bags sold in packages containing multiple bags
intended for use as garbage, pet waste, or yard waste bags.
2. "Pass-through charge" means a charge to be collected by retailers
from their customers when providing recyclable paper bags, and retained
by retailers to offset the cost of bags and other costs related to the pass-
through charge.
3. "Recyclable paper bag" means a carryout bag that has a
manufacturer's stated capacity of one-eighth barrel (882 cubic inches) or
larger and meets the following requirements: (a) contains a minimum of 40
percent post -consumer recycled materials, and (b) displays the minimum
percent of post -consumer content on the outside of the bag.
4. "Retail establishment" means any person, corporation, partnership,
business venture, public sports or entertainment facilities, government
agency, street vendor or vendor at public events or festivals or organizations
that sell or provide merchandise, goods or materials including, without
limitation, clothing, food, beverages, household goods, or personal items of
any kind directly to a customer. Examples include but are not limited to
department stores, clothing stores, jewelry stores, grocery stores,
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pharmacies, home improvement stores, liquor stores, convenience stores,
gas stations, restaurants, food vending trucks, farmers markets and
temporary vendors of food and merchandise at street fairs and festivals.
Food banks and other food assistance programs are not considered to be
retail establishments for the purposes of this section.
5. "Single -use plastic carryout bag" means any carryout bag made
from plastic or any material marketed or labeled as "biodegradable" or
"compostable" that is neither intended nor suitable for continuous reuse as
a carryout bag or that is less than 2.25 mils thick.
EE. The violation of or failure to comply with this section is designated
as a Class 1 civil infraction and shall be processed as contemplated by RCW
Chapter 7.80.120.
Section 2. This ordinance shall take effect January 1, 2020.
PASSED by the City Council this 26th day of November, 2019.
APPROVED by the Mayor this 26th day of November, 2019.
Kol Medina, Mayor
ATTEST/AUTHENTICATE:
Christine Brown, CMC, Uity Clerk
FILED WITH THE CITY CLERK: November 8, 2019
PASSED BY THE CITY COUNCIL: November 26, 2019
PUBLISHED: November 29, 2019
EFFECTIVE DATE: January 1, 2020
ORDINANCE NUMBER: 2019-30
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