Article 3 - Single-Use Carryout Bags

California Public Resources Code — §§ 42283-42284

Sections (4)

Amended (as added by Stats. 2024, Ch. 453, Sec. 10) by Stats. 2025, Ch. 67, Sec. 168. (AB 1170) Effective January 1, 2026.

(a)Except as provided in subdivisions (b) and (c), a store shall not provide, distribute, or sell a carryout bag at the point of sale.

(b)(1) A store may make available for purchase at the point of sale a recycled paper bag but shall not sell a recycled paper bag for less than ten cents ($0.10) in order to ensure that the cost of providing a recycled paper bag is not subsidized by a consumer who does not require that bag.

(2)Notwithstanding any other law, a store that makes recycled paper bags available for purchase at the point of sale shall provide a recycled paper bag at no cost at the point of sale to a customer using a payment card or voucher issued by the California

Special Supplemental Nutrition Program for Women, Infants, and Children pursuant to Article 2 (commencing with Section 123275) of Chapter 1 of Part 2 of Division 106 of the Health and Safety Code or an electronic benefit transfer card issued pursuant to Section 10072 of the Welfare and Institutions Code.

(c)A store may provide at the point of sale a carryout bag that meets the requirements of subparagraph (A), (B), or (D) of paragraph (2) of subdivision (a) of Section 42280.

(d)A store shall not require a customer to use, purchase, or accept a recycled paper bag or a compostable bag as a condition of sale of any product.

(e)This section shall become operative on January 1, 2026.

§ 42283.5

Repealed (in Sec. 11) and added by Stats. 2024, Ch. 453, Sec. 12. (SB 1053) Effective January 1, 2025. Operative January 1, 2026, by its own provisions.

(a)A store, as defined in paragraph (5) of subdivision (f) of Section 42280, shall comply with the same requirements of Section 42283 that are imposed upon a store, as defined in paragraphs (1) to (4), inclusive, of subdivision (f) of Section 42280.

(b)This section shall become operative on January 1, 2026.

§ 42283.7

Added by Stats. 2014, Ch. 850, Sec. 1. (SB 270) Effective date postponed (until November 9, 2016) by referendum petition. Approved in referendum Proposition 67 at the November 8, 2016, election.

All moneys collected pursuant to this article shall be retained by the store and may be used only for the following purposes:

(a)Costs associated with complying with the requirements of this article.

(b)Actual costs of providing recycled paper bags or reusable grocery bags.

(c)Costs associated with a store’s educational materials or educational campaign encouraging the use of reusable grocery bags.

§ 42284

Repealed (in Sec. 14) and added by Stats. 2024, Ch. 453, Sec. 15. (SB 1053) Effective January 1, 2025. Operative January 1, 2026, by its own provisions.

(a)A retail establishment not specifically required to comply with the requirements of this chapter is encouraged to reduce its distribution of carryout bags.

(b)Pursuant to the provisions of paragraph (5) of subdivision (f) of Section 42280, any retail establishment that is not a “store,” that provides the department with the irrevocable written notice as specified in subdivision (c), shall be regulated as a “store” for the purposes of this chapter.

(c)The irrevocable written notice shall be dated and signed by an authorized representative of the retail establishment, and shall include the name and

physical address of all retail locations covered by the notice. The department shall acknowledge receipt of the notice in writing and shall specify the date the retail establishment will be regulated as a “store,” which shall not be less than 30 days after the date of the department’s acknowledgment. The department shall post on its internet website, organized by county, the name and physical location or locations of each retail establishment that has elected to be regulated as a “store.”

(d)This section shall become operative on January 1, 2026.