Agenda Packet 11-18-19 Public Hearing

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(3) Except as provided in subsection (4) of this section, a restaurant may not provide: (a) Single-use checkout bags to customers. (b) Reusable plastic checkout bags to customers unless the restaurant charges not less than five cents for each reusable plastic checkout bag. (4) A restaurant may provide: (a) Recycled paper checkout bags at no cost to customers. (b) Reusable plastic checkout bags at no cost to customers who use an electronic benefits transfer card issued by the Department of Human Services. Section 2. Sections 6.860 and 6.865 of the Eugene Code, 1971, are repealed. [6.860 Plastic Bag Use - Cost Pass-Through. When a retail establishment makes a recyclable paper bag available to a customer at the point of sale pursuant to section 6.865(b) of this code, the retail establishment shall: (a) Charge the customer a reasonable pass-through cost of not less than 5 cents per recyclable paper bag provided to the customer; and (b) Indicate on the customer's transaction receipts the total amount of the recyclable paper bag pass-through charge. 6.865 Plastic Bag Use - Exemptions. Notwithstanding sections 6.855 and 6.860 of this code: (a) Single-use plastic carryout bags may be distributed to customers by food providers for the purpose of safeguarding public health and safety during the transportation of hot prepared take-out foods and prepared liquids intended for consumption away from the food provider's premises. (b) Retail establishments may distribute product bags and make reusable bags available to customers whether through sale or otherwise. (c) A retail establishment shall provide a reusable bag or a recyclable paper bag at no cost at the point of sale upon the request of a customer who uses a voucher issued under the Women, Infants and Children Program established in the Oregon Health Authority under ORS 413.500. (d) Vendors at retail fairs such as a farmers' market or holiday fair are not subject to indicating on the customer's transaction receipt the total amount of the recyclable paper bag pass through charge required in section 6.860(b) of this code. (e) The city manager or the designee may exempt a retail establishment from the requirement set forth in sections 6.855-6.860 of this code for a period of not more than one year upon the retail establishment showing, in writing, that this code would create an undue hardship or practical difficulty not generally applicable to other persons in similar circumstances. The decision to grant or deny an exemption shall be in writing, and the city manager’s or designee’s decision shall be final.] November 18, 2019, Public Hearing – Item 2