HomeMy WebLinkAboutOrd. 20624COUNCIL ORDINANCE NO. 20624
COUNCIL BILL 5218
AN ORDINANCE CONCERNING SINGLE -USE
CHECKOUT BAGS AMENDING SECTIONS 6.850
AND 6.855 OF THE EUGENE CODE, 1971, AND
REPEALING SECTIONS 6.860 AND 6.865 OF THAT
CODE.
ADOPTED: November 25, 2019
SIGNED: November 26, 2019
PASSED: 8:0
RESECTED:
OPPOSED:
ABSENT:
EFFECTIVE: December27,2019
ORDINANCE NO. 20624
AN ORDINANCE CONCERNING SINGLE -USE CHECKOUT BAGS, AMENDING
SECTIONS 6.850 AND 6.855 OF THE EUGENE CODE, 1971, AND REPEALING
SECTIONS 6.860 AND 6.865 OF THAT CODE.
The City Council of the City of Eugene finds as follows:
A. In 2013, the City Council adopted Ordinance No. 20498, regulating plastic bag use in
the City of Eugene, banning single -use plastic carryout bags, and requiring a five -cent fee for
each recyclable carryout paper bag.
B. In 2019, the Oregon Legislature adopted House Bill 2509 which implemented
statewide regulation of single -use checkout bags and required local governments to adopt
regulations identical to the definitions, requirements, and restrictions in House Bill 2509 (Chapter
434, Oregon Laws 2019).
C. The City Council makes the following amendments to Sections 6.850 and 6.855 of
the Eugene Code, 1971, and repeals Sections 6.860 and 6.865 of that Code to bring the Code
into conformance with the requirements of HB 2509.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. Sections 6.850 and 6.855 of the Eugene Code, 1971, are amended to provide
as follows:
6.850 Single -Use Checkout Bag - Definitions. For purposes of sections 6.850 to
6.865 of this code, the following words and phrases mean:
Garment bag. Means a large bag that incorporates a hanger on which
garments may be hung to prevent wrinkling during travel or storage.
Recycled paper checkout bag. Means a paper bag that contains at least 40
percent post -consumer recycled fiber.
Restaurant. Means an establishment where the primary business is the
preparation of food or drink:
(a) For consumption by the public;
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(b) In a form or quantity that is consumable then and there, whether or not it
is consumed within the confines of the place where prepared; or
(c) In consumable form for consumption outside the place where prepared.
Retail establishment. Means a store that sells or offers for sale goods at retail
and that is not a restaurant.
Reusable fabric checkout bag. Means a bag with handles that is specifically
designed and manufactured for multiple reuse and is made of cloth or other
machine -washable fabric.
Reusable plastic checkout bag. Means a bag with handles that is specifically
designed and manufactured for multiple reuse and is made of durable plastic
that is at least four mils thick.
Single -use checkout bag. Means a bag made of paper, plastic or any other
material that is provided by a retail establishment to a customer at the time of
checkout, and that is not a recycled paper checkout bag, a reusable fabric
checkout bag or a reusable plastic checkout bag.
Single -use checkout bag. Does not mean:
(a) A bag that is provided by a retail establishment to a customer at a time
other than the time of checkout, including but not limited to bags provided
to:
1. Package bulk items such as fruit, vegetables, nuts, grains, greeting
cards or small hardware items, including nails, bolts or screws;
2. Contain or wrap frozen food, meat, fish, flowers, a potted plant or
another item for the purpose of addressing dampness or sanitation;
3. Contain unwrapped prepared food or a bakery good; or
4. Contain a prescription drug;
(b) A newspaper bag, door hanger bag, garment bag, laundry bag or dry
cleaning bag; or
(c) A bag sold in a package containing multiple bags for uses such as food
storage, garbage containment or pet waste collection.
6.866 Single -Use Checkout Bag — Regulations and Exemptions.
(1) Except as provided in subsection (2) of this section, a retail establishment
may not provide:
(a) Single -use checkout bags to customers.
(b) Recycled paper checkout bags, reusable fabric checkout bags or
reusable plastic checkout bags to customers unless the retail
establishment charges not less than five cents for each recycled
paper checkout bag, reusable fabric checkout bag or reusable
plastic checkout bag.
(2) A retail establishment may provide:
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(a) Reusable fabric checkout bags at no cost to customers as a
promotion on 12 or fewer days in a calendar year.
(b) Recycled paper checkout bags or reusable plastic checkout bags
at no cost to customers who:
1. Use a voucher issued under the Women, Infants and Children
Program established under ORS 413.500.
2. Use an electronic benefits transfer card issued by the
Department of Human Services.
(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.
Section 3. The City Recorder, at the request of, or with the consent of the City Attorney,
is authorized to administratively correct any reference errors contained herein, or in other
provisions of the Eugene Code, 1971, to the provisions added, amended or repealed herein.
Passed by the City Council this
25TH clay of November, 2019
'De-Tw}y City Recorder
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Approved by the Mayor this
day of November, 2019
Mayor