HomeMy WebLinkAboutOrd. 20741~
COUNCIL ORDINANCE NO. 20741
AN ORDINANCE CONCERNING POLYSTYRENE AND SINGLE-USE BAG
REGULATIONS; AMENDING SECTIONS 6.850, 6.855, 6.874 AND 6.876 OF
THE EUGENE CODE, 1971; DELETING SECTION 6.878 OF THE EUGENE
CODE, 1971; AND PROVIDING AN EFFECTIVE DATE.
ADOPTED: July 13, 2026
SIGNED: July 15, 2026
PASSED: 8:0
REJECTED:
OPPOSED:
ABSENT:
EFFECTIVE:
The amendments to Sections 6.850 and 6.855 of the Eugene Code 1971, as shown in
Sections 1 and 2 of this Ordinance, shall take effect on January 1, 2027.
The amendments to Sections 6.874, 6.876 and 6.878 of the Eugene Code,
1971, as shown in Sections 3, 4 and 5 of this Ordinance, shall take effect on August
15, 2026 .
•
ORDINANCE NO. 20741
AN ORDINANCE CONCERNING POLYSTYRENE AND SINGLE-USE BAG
REGULATIONS; AMENDING SECTIONS 6.850, 6.855, 6.874 AND 6.876 OF
THE EUGENE CODE, 1971; DELETING SECTION 6.878 OF THE EUGENE
CODE, 1971; AND PROVIDING AN EFFECTIVE DATE.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. Section 6.850 of the Eugene Code, 1971, is amended by adding the definition
for "Nonwood renewable fiber," deleting the definitions for "Reusable fabric checkout bag" and
"Reusable plastic checkout bag" and amending the definitions of "Recycled paper checkout bag"
and "Single-use checkout bag" 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.
Nonwood renewable fiber. Means plant-based fiber other than fiber derived from a tree.
Recycled paper checkout bag. Means a paper bag that contains:
(a) At least 40 percent post-consumer recycled fiber
(b) At least 40 percent nonwood renewable fiber; or
(c) A combination of post-consumer recycled fiber and nonwood renewable fiber that
totals at least 40 percent.
Restaurant. Means an establishment where the primary business is the preparation of food or
drink:
(a) For consumption by the public;
(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.
Ordinance -Page 1 of 5
Single-use checkout bag. Means a bag made of paper, plastic or any other material that is
provided by a retail establishment or restaurant to a customer at the time of checkout, and that
is not a recycled paper 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.
Section 2. Section 6.855 of the Eugene Code, 1971, is amended to provide as follows:
6.855 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 to customers unless the retail establishment charges
not less than five cents for each recycled paper checkout bag.
(2) A retail establishment may provide recycled paper checkout bags at no cost to customers
who:
(a) Use a voucher issued under the Women, Infants and Children Program established
under ORS 413.500.
(b) Use an electronic benefits transfer card issued by the Department of Human Services.
(3) A restaurant may not provide single-use checkout bags to customers.
(4) A restaurant may provide recycled paper checkout bags at no cost to customers.
Ordinance -Page 2 of 5
Section 3. Section 6.874 of the Eugene Code, 1971, is amended to provide as follows:
6.874 Polystyrene Foam Container Use and Polystyrene Foam Packaging Peanuts
Use -Definitions.
For purposes of sections 6.874 to 6.878 of this code, the following words and phrases mean:
City sponsored event. Any event organized or sponsored by the city or any department of the
city.
Food vendor. A business, organization or other person that sells prepared food or offers
prepared food for sale to the public, including, but not limited to, a store, shop or other sales
outlet, a restaurant, a delicatessen or a cart, truck or other vehicle from which the business,
organization or other person sells prepared food or offers prepared food for sale.
Foodware container. Bowls, plates, cups, lids, clamshells, other containers, or any other items
used for serving or containing prepared food, including takeout food and leftovers from partially
consumed meals prepared by food vendors.
Perfluoroalkyl or polyfluoroalkyl substance. A substance included in a class of fluorinated
organic chemicals containing at least one fully fluorinated carbon atom.
Polystyrene foam container.
(a) A cooler or foodware container that is:
1. Made of polystyrene plastic foam;
2. Made for the purpose of serving, containing, preserving or consuming prepared
food; and
3. Ordinarily used once for serving, containing, preserving or consuming prepared food
before being discarded.
(b) The following are not polystyrene foam containers:
1. A cooler or other container that is made of a polystyrene foam, that is intended
for more than one use and that is enclosed by a solid shell;
2. A tray or container used solely to store, ship or otherwise transport an ingredient
or food product that is not prepared food; or
3. Polystyrene plastic material, other than polystyrene foam packaging peanuts,
that is used solely for packing or protecting other items during storage, shipping or
other transportation.
Polystyrene foam packaging peanuts. Loose fill material made of polystyrene foam used to
protect items during shipping or other transportation.
Prepared food.
(a) Prepared food means food or a beverage that:
Ordinance -Page 3 of 5
1. A food vendor prepares on the food vendor's premises or that another person
prepares and provides to the food vendor for sale to the public; and
2. An individual may consume immediately or without the need for further or additional
preparation.
(b) Prepared food does not include meat, fish, eggs, or produce, if the meat, fish, eggs or
produce are raw and have not been prepared for immediate consumption.
Section 4. Section 6.876 of the Eugene Code, 1971, is amended to provide as follows:
6.876 Polystyrene Foam Container Use and Polystyrene Foam Packaging Peanuts
Use -Regulations.
(a) A food vendor may not use a polystyrene foam container in selling, offering for sale, serving
or dispensing prepared food to a consumer.
(b) A person may not sell, offer for sale, or distribute polystyrene foam containers or
polystyrene foam packaging peanuts in or into the City of Eugene.
(c) A person may not sell, offer for sale, or distribute a foodware container containing
intentionally added perfluoroalkyl or polyfluoroalkyl substances in or into the City of Eugene.
(d) No person shall sell, offer for sale, serve, or dispense prepared food in a polystyrene foam
container at any city facility, city sponsored event, or city permitted event.
(e) City departments may not purchase, acquire, or use polystyrene foam containers for
prepared food.
(f) Food vendors under contract with the city may not use polystyrene foam containers for
prepared food in city facilities and while performing under a city contract.
Section 5. Section 6.878 of the Eugene Code, 1971, is deleted.
Section 6. 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.
Section 7. The amendments to Sections 6.850 and 6.855 of the Eugene Code 1971, as
shown in Sections 1 and 2 of this Ordinance, shall take effect on January 1, 2027.
Ordinance -Page 4 of 5
Section 8. The amendments to Sections 6.874 , 6.876 and 6.878 of the Eugene Code,
1971, as shown in Sections 3, 4 and 5 of this Ordinance , shall take effect pursuant to Section 32
of the Eugene Charter of 2002 .
Passed by the City Council this
13 th day of July, 2026
Ordinance -Page 5 of 5
Approved by the Mayor this
\ c:;-day of July, 2026
Mayor