H-4615              _______________________________________________

                                           SUBSTITUTE HOUSE BILL NO. 972

                        _______________________________________________

State of Washington                              50th Legislature                              1988 Regular Session

By House Committee on Environmental Affairs (originally sponsored by Representatives Lux, Nelson, Jacobsen, Valle, Meyers and Crane)

Read first time 1/29/88 and passed to Committee on Rules.

AN ACT Relating to the use of plastic grocery bags; adding a new section to chapter 70.54 RCW; and prescribing penalties.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 70.54 RCW to read as follows:

          (1) After January 1, 1989, plastic bags shall not be provided at the check-out stand of in-state retail grocery outlets for retail customers to use to carry their food and food products.  However, this section does not apply to plastic bags smaller than twelve inches by eighteen inches that are used at the check-out stand to bag individual items, such as meats or frozen products.

          (2) As used in this section, in-state retail grocery outlet includes any establishment or recognized grocery department of any establishment in which more than twenty percent of the gross receipts result from the sale of food items for off-premises preparation.  These food items include such products as meat, poultry, fish, bread, cereals, vegetables, fruit, dairy products, coffee, tea, cocoa, carbonated and uncarbonated beverages, candy, condiments, spices, and canned goods, and like products; but does not include prepared hot foods or hot food products ready for immediate consumption.

          (3) The owner of a retail grocery outlet violating this section is subject to a one hundred dollar fine.  Each day of a continuing violation shall be deemed a separate violation.

          (4) The department of ecology may waive the requirement of subsection (1) of this section if a state-wide recycling option for a bag is readily available, and produces a product of equal or greater value.