BILL REQ. #:  H-0145.3 

Read first time 01/14/09.   Referred to Committee on Environmental Health.

     AN ACT Relating to retail store carryout bags; adding a new chapter to Title 70 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Carryout bag" means a bag that is provided by a retail store to a customer at the point of sale. "Carryout bag" does not include a bag used solely to contain the following:
     (a) Fresh meat and fresh meat products, including but not limited to pork, beef, seafood, and poultry;
     (b) Fruit or vegetables;
     (c) Nuts or other bulk items;
     (d) Dairy products;
     (e) Ice; or
     (f) Cooked foods.
     (2) "Compostable plastic carryout bag" means any carryout bag that meets the applicable standards of compostable plastic as adopted by the American society of testing and materials (ASTM) international on the effective date of this section.
     (3) "Department" means the department of ecology.
     (4) "Person" means any public or private corporation, copartnership, sole proprietorship, association, firm, or individual.
     (5) "Recyclable paper carryout bag" means any paper bag that is able to be recycled.
     (6) "Recycle" means the act of transforming or remanufacturing waste materials into a finished product for use other than landfill disposal or incineration.
     (7) "Retail store" means a place of business for the sale of goods or commodities directly to consumers.
     (8) "Reusable carryout bag" means any carryout bag that is made of durable plastic that is at least 2.25 mils thick and is specifically designed and manufactured for multiple reuse, or is made of reusable machine-washable textile materials.

NEW SECTION.  Sec. 2   (1) A person who owns or operates a retail store may not provide a carryout bag for free or for charge to a consumer unless the carryout bag is either a compostable plastic carryout bag, a recyclable paper carryout bag, or a reusable carryout bag.
     (2) Retail stores operating in violation of this section are subject to a class 1 civil infraction under chapter 7.80 RCW. Each calendar day of operation in violation of this section comprises a new violation.
     (3) The department shall develop guidelines identifying the specifications of carryout bags allowed under this section. Persons who own or operate a retail store and are providing carryout bags consistent with the guidelines are deemed to be in compliance with this section.
     (4) This section does not apply to carryout bags in a retailer's existing on-site inventory as of August 1, 2009.
     (5) The department may adopt rules as necessary for the purpose of implementing, administering, and enforcing this chapter.

NEW SECTION.  Sec. 3   The state of Washington fully occupies and preempts the entire field of retail store carryout bag regulation within the boundaries of the state. Cities, towns, and counties or other municipalities may enact only those laws and ordinances relating to retail store carryout bags that are consistent with this chapter. Local laws and ordinances that are inconsistent with, more restrictive than, or exceed the requirements of state law may not be enacted and are preempted and repealed, regardless of the nature of the code, charter, or home rule status of such a city, town, county, or municipality.

NEW SECTION.  Sec. 4   Sections 1 through 3 of this act constitute a new chapter in Title 70 RCW.