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PDD - Single-Use Checkout Bag FAQs

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1. When are retailers required to stop providing single-use plastic carryout bags?

Retailers located in the Eugene city limits were required to stop providing single-use plastic carryout bags to customers on May 1, 2013 when Eugene's local ordinance went into effect. This requirement continues with the statewide single-use checkout bag ban. For a summary of changes, see the FAQ regarding how the statewide ban effects Eugene's local ban.

2. Can a business apply for an undue hardship exemption?

No. The statewide single-use checkout bag ban, which Eugene's local ordinance aligns with, does not allow for any undue hardship exemptions.

3. What businesses does this apply to?

Retail establishments and restaurants. Please see Eugene City Code, Section 6.850 for specific definitions.

4. What bags are prohibited under the single-use checkout bag ordinance?

Effective December 27, 2019, retail establishments and restaurants are not allowed to distribute single-use checkout bags to customers. Single-use bags are those provided to customers at checkout that are made of any material that are NOT:

• A recycled paper checkout bag (a paper bag that contains at least 40 percent post-consumer recycled fiber);
• A reusable fabric checkout bag (a bag with handles that is specifically designed and manufactured for multiple reuse and is made of cloth or other machine-washable fabric); or
• A reusable plastic checkout bag (a bag with handles that is specifically designed and manufactured for multiple reuse and is made of durable plastic that is at least four mils thick)

5. What is a ‘mil’?

A ‘mil’ is a plastics industry term for a thousandth of an inch. It does not stand for ‘millimeter.’

6. Can I provide plastic bags made of compostable materials?

Not if they are less than 4 mils thick.

7. What types of bags are allowed?

The follow types of bags are allowed:

• Reusable fabric checkout bags (bag with handles that is specifically designed and manufactured for multiple reuse and is made of cloth or other machine-washable fabric);
• Recycled paper checkout bags (a paper bag that contains at least 40 percent post-consumer recycled fiber);
• Reusable plastic checkout bags (a bag with handles that is specifically designed and manufactured for multiple reuse and is made of durable plastic that is at least four mils thick);
• A bag that is provided by a retail establishment to a customer at a time other than the time of checkout, including but not limited to bags provided to:
  • Package bulk items such as fruit, vegetables, nuts, grains, greeting cards or small hardware items, including nails, bolts or screws;
  • Contain or wrap frozen food, meat, fish, flowers, a potted plant or another item for the purpose of addressing dampness or sanitation;
  • Contain unwrapped prepared food or a bakery good; or
  • Contain a prescription drug;
• A newspaper bag, door hanger bag, garment bag, laundry bag or dry cleaning bag; or
• A bag sold in a package containing multiple bags for uses such as food storage, garbage containment or pet waste collection.

8. What does the 5 cent charge for bags go toward?

The 5-cent charge goes back to the retailer to recoup costs.

9. Can retailers and restaurants provide reusable plastic bags?

Yes. Reusable plastic checkout bags are bags with handles that are specifically designed and manufactured for multiple reuse and made of durable plastic that is at least four mils thick. Unless the customer uses a voucher issued under the Women, Infants and Children Program or uses an electronic benefits transfer card issued by the Department of Human Services, the retail store or restaurant must charge the customer at least five cents for each reusable plastic checkout bag provided.

10. What about bags that are almost 4 mils thick?

Should a question arise, retailers should be prepared to show that the bags they are using are 4 mils thick or greater. It might be a good idea for retailers to ask bag suppliers to include the thickness of the bag on invoices.

11. Is there a requirement for recycled content in paper bags?

Yes. Paper bags offered at checkout must contain at least 40% post-consumer recycled fiber.

12. Can retail stores or restaurants waive the five-cent bag fee for any customers?

Yes.

A retail establishment may provide recycled paper checkout bags or reusable plastic checkout bags at no cost to customers who:

• Use a voucher issued under the Women, Infants, and Children (WIC) Program
• Use an electronic benefits transfer card issued by the Department of Human Services.

A restaurant may provide:

• Recycled paper checkout bags at no cost to customers.
• Reusable plastic checkout bags at no cost to customers who use an electronic benefits transfer card issued by the Department of Human Services.

13. What are the environmental impacts of this ordinance?

Removing the majority of plastic bags from the retail landscape requires community members to utilize reusable bags more often. The switch from single-use bags to reusable bags has the impact of lessening the life cycle impacts of plastic bag production, a decrease in greenhouse gas emissions associated with production and transport of the bags, and less material in our local landfill, and less litter in our woods, streams, and natural areas.

14. How does the statewide ban change Eugene’s ban?

To align with the statewide ban, Eugene's local ordinance has been updated with these changes:

• Restaurants are no longer exempt and may no longer provide single-use checkout bags to customers.
• Retail establishments are still prohibited from distributing single-use plastic bags at checkout.
• The statewide ban further defines single-use checkout bags, which retail establishments and restaurants are not allowed to distribute to customers. Single-use bags are those provided to customers at checkout that are made of any material that are NOT:
  • A recycled paper checkout bag (a paper bag that contains at least 40 percent post-consumer recycled fiber);
  • A reusable fabric checkout bag (a bag with handles that is specifically designed and manufactured for multiple reuse and is made of cloth or other machine-washable fabric); or
  • A reusable plastic checkout bag (a bag with handles that is specifically designed and manufactured for multiple reuse and is made of durable plastic that is at least four mils thick)

15. How will this law be enforced?

Similar to other city rules, the plastic bag ban will be enforced on a complaint-driven basis. The City of Eugene is taking an educational approach regarding this ordinance. If community members call and complain, City staff will talk to the retailer about the law and explain what is needed to comply. If it becomes clear a retailer is intentionally not complying they will be fined. To report a violation, please fill out a nuisance complaint form.

16. What are the penalties for businesses if they do not comply with the ordinance?

The penalties for violating the new law will be consistent with other penalties outlined in Eugene Code. The amount of the fine is based on a number of factors, including barriers to compliance, frequency of violation, and efforts to comply; it is determined on a case-by-case basis.

17. How can shoppers keep their reusable shopping bags clean and safe?

A 2010 study showed that 97% of shoppers have never washed their reusable bags. There are a few simple steps shoppers can follow to keep reusable bags clean and to keep themselves and their families safe from germs:

• Wash reusable shopping bags at least once per month:
  • Cloth reusable bags should be washed in a washing machine using laundry detergent and dried in the dryer or air-dried.
  • Plastic-lined reusable bags should be wiped using hot water and soap and air-dried.
• Check that both cloth and plastic-lined reusable bags are completely dry before storing them.
• Always put raw meats into a disposable plastic bag before putting them in a reusable bag.
• When using reusable bags, keep meats, fresh produce, and ready-to-eat foods separated from other food products.
• Additionally, consumers should clean any reusable bags used for carrying food before using for other purposes such as carrying books or gym clothes.

18. How can I remind customers to remember to bring their reusable bags to the store?

Here are a few useful tips:

• Place “Bring Your Bag” reminders in the parking lot and store front to remind customers as they enter the building.
• City of Eugene staff can provide all Bring Your Bag logo graphic files free of charge.

19. When are restaurants required to stop providing single-use plastic carryout bags?

Effective December 27, 2019, restaurants are prohibited from providing single-use checkout bags to customers. Single-use bags are those provided to customers at checkout that are made of any material that are NOT:

• A recycled paper checkout bag (a paper bag that contains at least 40 percent post-consumer recycled fiber);
• A reusable fabric checkout bag (a bag with handles that is specifically designed and manufactured for multiple reuse and is made of cloth or other machine-washable fabric); or
• A reusable plastic checkout bag (a bag with handles that is specifically designed and manufactured for multiple reuse and is made of durable plastic that is at least four mils thick)