California updates statewide plastic grocery bag ban due to loophole complaints

Despite a previous ban on single-use grocery bags in the state, California decided to implement a stricter ban on bags due to environmental concerns.

Gov. Gavin Newsom signed Senate Bill 1053 last week, which updates the state's grocery bag law.

The state's previous ban prohibited grocery stores from using "single-use" carryout bags, which include paper, plastic and other non-recyclable material. This rule, signed into law in 2014, led some stores to place items in plastic grocery bags that were mildly thicker but not necessarily recyclable.

"The bag ban required film plastic bags to contain specified percentages of post-consumer recycled content and be recyclable in the state," the bill's authors wrote. "However, the state law requiring stores to accept plastic bags back for recycling sunset in 2020. Few stores continue to accept them back for recycling and curbside collection programs generally cannot accommodate film plastics for recycling. In December 2023, CalRecycle determined that all plastic film, including the plastic for the 'reusable' thicker plastic bags, was 'Not Recyclable.'"

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California law also stipulates that carryout bags contain a minimum of 40% post-consumer recycled material and be accepted for recycling by a majority of curbside programs.

"This bill seeks to reduce the usage of single-use bags and encourage consumers to bring their own reusable bags to the grocery store," the bill's authors wrote. "With the intention of this bill being to only allow recycled paper bags to be allowed at the point of sale and remaining agnostic towards the definition of a 'reusable' bag, consumers will have the choice to purchase any reusable bag."

The bill passed the California Assembly 56-7 and the state's Senate 32-8 before appearing on Newsom's desk.

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According to the National Conference of State Legislatures, 10 states have implemented bans on single-use plastic bags. Those states are California, Connecticut, Delaware, Hawaii, Maine, New Jersey, New York, Oregon, Vermont and Washington.