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Plastic Bag Ban

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1. What plastic bags are prohibited?

Those considered “single-use” and “carry out” are prohibited. This includes all plastic bags less than 2.25 mils thick provided at check out or point of sale. Those not allowed are the typical plastic bags with handles constructed of thin plastic (less than 2.25 mils thick). Bags constructed of durable plastic (thicker than 2.25 mils) are considered reusable and are allowed.

2. What stores does this apply to?

All retail stores of any kind are prohibited from using lightweight plastic carryout bags, and they must charge customers 5 cents each for any large, grocery sized, carryout bags used.

3. Are there any exceptions?

Only one: food banks may use any type of bag. In fact, retailers with more plastic bags than they will use up before the plastic bag ban takes effect November 1 may want to donate them to a food bank. Helpline House 206-842-7621 has confirmed that they will appreciate any bags provided.

4. What about food vending trucks, farmers’ markets, street fairs, festivals, and events?

Ordinance 2012-06 specifically includes all these activities among the kinds of “retail establishments” where the use of lightweight plastic carryout bags is banned. Vendors at farmers’ markets may use small bags of any type for vegetables and meat and put these in a paper carryout bag or a customer’s reusable bag.

5. Is there a fee for all paper bags?

No. Stores (and vendors of all kinds including those at farmers’ markets) are required to charge only for larger bags such as typical grocery store carryout bags – technically a bag larger than 882 cubic inches, known as one-eighth barrel in the grocery trade. As a rule of thumb, if a bag has a flat bottom greater than 6 inches by 10 inches, you’ll need to charge for it.

6. Can retailers just “eat the cost” of large paper bags and not charge their customers?

No. The minimum 5 cent charge must be collected. It is meant to be a reminder to customers to shop with reusable bags, and for that reason the number of bags and total cost of recyclable paper bags sold must be shown on the customer’s sales slip. The city ordinance requires the charge for all large bags at all stores to ensure a level playing field level among retailers. The law says: “It shall be a violation of this section for any retail establishment to pay [for] or otherwise reimburse a customer for any portion of the pass-through charge.”

7. Are there any restrictions on stores, restaurants, or bakeries choosing to charge a fee on all bags?

No, there are no requirements. This decision is up to the business.

8. What about smaller paper bags?

Stores are not required to charge for smaller paper bags but they may at their discretion.

9. What about low-income customers?

Many low-income customers are exempt from the charge. Specifically, no retail store at any time may charge the 5-cent pass-through fee for large recyclable paper bags to customers having vouchers or electronic benefits cards issued under the Women, Infants and Children (WIC) or Temporary Assistance to Needy Families (TANF) support programs, or the federal Supplemental Nutrition Assistance Program (SNAP, formerly "Food Stamps," also known as Basic Food), or the Washington State Food Assistance Program (FAP).

10. Do stores have to keep track of how many paper bags they sell?

That’s not required by the city ordinance and the city will not audit stores. However, the 5 cent charge on large paper bags must be shown on the customer’s sales slip.

11. Is this transaction taxable?

Yes. The Washington State Department of Revenue has confirmed that the 5 cent pass-through charge is subject to sales tax; retail stores are selling the bags.

12. What is the minimum recycled content requirement?

The only requirement is that larger paper bags – the ones for which a 5 cent charges is required – state that they contain a minimum 40% recycled content.

13. For those labels, are there any requirements for ink color or type size?

No.

14. Does the 40% recycled content have to be post-consumer or can it be industrial?

The large bags must contain 40% post-consumer recycled fiber content.

15. Does the 40% recycled content rule apply to all paper bags?

No. It applies only to the large bags for which the 5 cent charge is required. There is no post-consumer recycled content requirement for smaller bags, but the city encourages retailers to use recycled-content paper bags.

16. Why did the City ban lightweight plastic carryout bags but allow heavy-weight, thicker ones?

The thicker, stronger plastic bags – those more than 2.25 mils thick – have special uses for which paper is not a good option or not readily available; for example, very large bags for bedding and other bulky household items.

17. Are stores required to charge 5 cents for the heavy-weight plastic bags?

No, retailers do not have to charge for the 2.25 mil and thicker bags permitted by the law.

18. What about hanging-garment bags?

Dry cleaner bags are exempt and garment bags provided by retailers would fall under this exemption.

19. Is there a requirement for the heavy duty plastic bags to have recycled content?

No, plastic bags that are allowed are not required to have recycled content, though the city encourages the use of recycled content products whenever possible.

20. If restaurants are selling items other than prepared foods are the bags they use still exempt?

No. If the items being purchased are not prepared food which can leak or be spilled (i.e., cook books, t-shirts, bottled salad dressing, etc.), lightweight single-use plastic carryout bags may not be used.

21. Are grocers’ deli counters exempt like restaurants with to-go food?

Yes, prepared on-site foods such as roasted chicken and soups can be placed in protective plastic bags at the deli counter as needed to prevent leaks or spills.

22. What about bakery goods?

Bags of any kind may be used for individual bakery goods, loaves of bread and other pastries. They are exempt as “in-store” packaging like vegetable and bulk food bags, bags for meat, ice cream, and flowers where moisture would be a problem.

23. How can I tell the city about stores using plastic bags after Nov. 1?

Contact code enforcement by phone (780-3769) or email , or identify the store on SeeClickFix. You can also report if stores are not charging for the large paper bags.

24. How will this be enforced?

The city has always taken an educational approach regarding regulations. If citizens call and complain, the city will send outreach staff to talk to the retailers about the law and explain what’s needed to comply. If it becomes clear a retailer is intentionally not complying they may be fined.