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<br /> <br />December 2015 WMA Board directed staff to develop budget and draft ordinance language to expand to <br />all retail stores (9,000 additional stores) and restaurants (4,000 public eating <br />establishments), with a phase-in approach for restaurants. <br />March 2016 WMA approved the proposed reusable bag ordinance expansion language. <br /> <br />ORDINANCE AMENDMENTS <br />Revised definitions: <br />Store: Any commercial establishment operating from a permanent enclosed structure that sells perishable or <br />nonperishable goods including, but not limited to, clothing, food and personal items directly to a customer. <br />(Intent: to capture all types of retail stores. Any place where you can walk into a “brick and mortar” store and <br />purchase a tangible item is covered by the ordinance). <br /> <br />Public Eating Establishment: Any restaurant, take-out food establishment or other business (including but not <br />limited to food sales from vehicles or temporary facilities open to the public) that receive 90% or more of its <br />revenue from the sale of prepared and ready-to-consume foods and/or drinks to the public. <br />(Intent: to cover food trucks and vendors who distribute food in bags) <br /> <br />Exemptions: <br />Produce/Product Bags: bags that are integral to the packaging of the product, or bags without handles provided <br />to the Customer (i) to transport produce, bulk food or meat from a produce, bulk food or meat department <br />within a Store to the point of sale, (ii) to hold prescription medication dispensed from a pharmacy, or (iii) to <br />segregate food or merchandise that could damage or contaminate other food or merchandise when placed <br />together in a Reusable Bag or Recycled Content Paper Bag. <br /> <br />Stores operating in a certified farmers’ market registered in accordance with Section 47020 of the California <br />Food and Agricultural Code. (Only 20 CA certified markets operate in the county, and many use the produce <br />bags without handles, which are already exempt) <br /> <br />Public Eating Establishments are not required to charge customers if distributing recycled content paper bags, <br />but must charge a minimum of 10 cents for a compliant reusable bag. <br /> <br />Other Changes: <br />Recordkeeping requirements for bag sales and purchasing are removed. <br />Switch routine inspections to complaint-based inspection only. <br /> <br />NEXT STEPS <br /> <br />April - July 2016 Staff available to attend or present (upon request) to member agency governing boards <br />to provide overview of ordinance revisions. <br />September 2016 Ordinance introduced and first reading by WMA Board, approval of EIR Addendum <br />October 2016 Ordinance second reading and adoption by WMA Board. All member agencies <br />automatically opted in. <br />December 2016 Any member agency choosing to opt out must do so by a resolution of its governing <br />body by December 9, 2016. <br />May 2017 Ordinance effective for expanded retail stores. <br />November 2017 Ordinance effective for all restaurants. <br /> <br />Please contact Meri Soll at 510/891-6500 or msoll@stopwaste to schedule a presentation or for more <br />information.