California’s Single-Use Plastic Bag Ban Is Back
Posted in Legal Bites
California’s Single-Use Plastic Bag Ban Is Back

Governor Gavin Newsom’s temporary suspension of California’s ban on single-use plastic bags at grocery stores was allowed to expire, effectively fully reinstating the ban and requiring grocery stores to charge customers at least 10 cents a bag for plastic bags, and to permit customers to bring reusable bags. 

Newsom issued an executive order on April 22, 2020 to suspend the state’s 2016 plastic bag ban for 60 days based on concerns about the COVID-19 virus spreading from shoppers bringing reusable bags into grocery stores. The order expired on June 22, 2020. 

The order suspended Public Resources Code section 42283 for a period of 60 days “to the extent that it prohibits retail establishments from (a) providing without charge reusable grocery bags or recycled paper bags to customers at point of sale, or (b) where it is not possible to provide reusable grocery bags or recycled paper bags, providing single-use carryout bags to customers at point of sale.”

CAL-OSHA Guidance for COVID-19 Infection Prevention in Grocery Stores states that when customers bring their own bags, employees should be instructed to not touch or place groceries in customer brought bags; ask customers to leave their own bags in the shopping cart; and ask customers to bag their own groceries.

  • Pooja S. Nair
    Partner

    Pooja S. Nair is a business litigator and problem solver with a focus on the food and beverage sector. She advises food and beverage clients, startups and other businesses on a comprehensive range of issues, including employment ...

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