HomeMy WebLinkAboutPlastic Bag Reduction FAQ 2013-2-19COUNTY OF HAWAII
DEPT. OF ENVIRONMENTAL MANAGEMENT
SOLID WASTE DIVISION — RECYCLING SECTION
www.hawaiizerowaste.org
Plastic Bag Reduction Ordinance
Frequently Asked Questions (FAQ)
This FAQ has been prepared by the County of Hawaii Department of Environmental Management
(DEM) to clarify the rules relating to the Plastic Bag Reduction Ordinance.
Starting January 17, 2013, the County of Hawai`i's new Plastic Bag Reduction Ordinance 12 -1 became
effective. This new law affects all businesses in Hawaii County. The purpose of the law is to reduce the
use of plastic checkout bags and encourage the use of more environmentally preferable alternatives such
as reusable bags or paper bags.
Under the law, a business is defined as "any commercial enterprise or establishment, including sole
proprietorships, joint ventures, partnerships and corporations, or any other legal entity, and includes
independent contractors associated with the business. Exempted from these rules are organizations
classified under Section 501 (c) of the United States Internal Revenue code or non - incorporated
community booster organizations. "
During the first year of the new law beginning January 17, 2013, businesses may offer plastic checkout
bags for purchase but may not provide them to customers for free. Each business determines how much
to charge for their plastic checkout bags and any such fees are the property of the business.
The law will allow plastic bags without handles that are designed and used solely for protection of food
products such as raw meat, poultry, seafood, frozen foods, deli foods, fruits, vegetables, nuts, grains,
cereal, flour, rice and candy. It also allows for plastic bags designed and used for small retail items like
jewelry, buttons, beads, ribbon and hardware items such as nails, nuts and screws. Plastic bags used to
protect laundry and dry cleaning will be permitted as well. Biodegradable or compostable plastic
checkout bags are not permissible under the law.
The second year starting January 17, 2014, businesses may not provide plastic checkout bags to customers
for free or for purchase.
Public hearings to adopt administrative rules for implementing the law were held in Kailua -Kona and Hilo
and final adoption of the rules was completed in January 2013. For updates and for a copy of the rules,
please visit our website http: / /www.hawaiizerowaste.org/ reuse /plastic -bag- reduction - ordinance.
To assist businesses with communications to their customers about the new law, the County has
developed public outreach and education initiatives. Some of the outreach tools include templates for
banners, posters and leaflets that can be downloaded from our website and may be distributed to your
customers and /or store personnel. The County has also produced a limited supply of banners, posters,
buttons and leaflets that can be picked up from both our offices in Hilo and /or Kona.
Updated February 19, 2013 Page 1 of 3
Frequently Asked Questions & Answers
1. How much does a business charge per plastic checkout bag?
Each business decides how much to charge for a plastic bag.
2. Where does the money go that the business charges for the plastic checkout bag?
Each business makes this decision. They can keep the money to offset the costs of the bags or they
can donate to a charity. The County does not receive any of these monies.
3. Is the money charged for the plastic checkout bag given to a charity?
This decision is to be determined by each business.
4. Does a business have to show a charge for the plastic bags on the customer receipts?
Yes. Businesses must have a method to verify that they are charging for the plastic checkout bags.
5. How does the plastic checkout bag charge affect my taxes? Is it subject to taxes and
revenue?
Businesses should consult with their accountant or tax attorney.
6. Is this law a total plastic bag ban?
No. This is a plastic bag reduction law; not a ban. The purpose of the law is to reduce the number
of single use plastic bags by prohibiting their distribution at store checkouts and encourage the
usage of reusable bags. The law provides for permissible plastic bags (without handles) for retail
items such as meat, produce, bulk food items, garments and prescription drugs.
7. Can I, as a shopper, be fined for using a plastic checkout bag?
No, this law is applicable only to businesses. Consumers are encouraged to shop with reusable
bags and are not subject to any penalties or enforcement from the County.
8. Is a non - profit agency able to produce plastic bags and give them to any retailer for the
retailer to hand out for free?
No. If the non-profit is using the plastic bags for checkout, they do not need to charge a fee. If a
business is using the plastic bag for checkout, they are required to charge a fee. The source of the
plastic bag does not affect this rule.
9. Is a merchant able to charge a single customer $0.01 for 10 or more plastic checkout bags?
Technically, yes. As stated in the answer to FAQ No. 1, each business decides how much to
charge for a plastic checkout bag. However, this practice is discouraged. Also, the law only
allows this option for the first year. Starting January 17, 2014, plastic checkout bags are not
permissible. Customers should check with each business to find out how much each bag costs.
10. What kind of bags are retailers allowed to provide to customers?
Businesses and retail establishments may provide a plastic checkout bag but must charge a fee
during the first year of the law. They may also provide paper bags or reusable bags and the
decision to charge a fee for these types of bags and how much is up to each business.
11. Is it okay if customers bring plastic bags to the store to reuse?
This decision would be made by the business or retailer. The law does not restrict consumers or
customers from doing so. Whether or not a business provides a "rebate" for customer-provided
plastic or reusable bags is a decision for each business.
Updated February 19, 2013 Page 2 of 3
12. Are all plastic bags that are greater than 3.0 mils thick considered to reusable?
The rules specifically states "Bags made from plastic that are washable and are specifically
designed and manufactured for multiple re -use and are at least 3.0 mils thick will be acceptable as
a reusable bag. "
13. Plastic bags that are greater than 3.0 mils thick that are washable are considered reusable.
Does it have to be washing machine washable or is sanitary spray and wipes okay?
Any method of washing or cleaning is acceptable. For some helpful tips on maintaining germ free
reusable bags check out the flyer by the Nutrition Education for Wellness Program of the UH
Cooperative Extension Service at http://www.ctahr.hawaii.edu /new /resources /GRUB flyer. pdf
14. Are biodegradable plastic checkout bags exempt?
No. The law specifically applies to all types of plastic including biodegradable or compostable
plastic and other plastic checkout bags made from fossil fuels. Biodegradable plastics are not
known for breaking down in the natural environment.
15. May a business incur the cost of the plastic bags instead of charging it to their customer?
No.
16. Farmers Market manager is a 501 (c) non - profit and wants to know if all the vendors are
afforded the same status?
No. If the vendors are independent contractors, they must comply with the ordinance unless they
are also a 501 (c) non-profit business.
17. Mary Kay consultant wants to know if independent consultants are affected by the Law.
Yes, unless they are a nonprofit classified under Section 501 (c) of the United States Internal
Revenue code or non - incorporated community booster organization. 'Business" means any
commercial enterprise or establishment including sole proprietorships, joint ventures,
partnerships and corporations or any other legal entity, and includes independent contractors
associated with the business.
18. My dentist office provides a plastic "goodie" bag with dental care items. Is that permissible?
Yes, since the plastic bag is not being used as a "checkout bag ", this is acceptable. We would
prefer they provide a reusable bag instead.
19. What are the penalties if a business that violates the law?
Rules have been adopted that detail the enforcement procedures and these are available from the
County website at http : //www.hawaiizerowaste.oWlreuse /plastic- bag - reduction - ordinance. If a
business has a first violation, a written warning letter will be issued. A second violation may
result in a civil fine of $250 per day; third violation may result in a civil fine of $500 per day and;
subsequent violations may result in civil fines of $1, 000 per day.
20. Who can I contact if I have more questions or suggestions?
Contact the County Solid Waste and Recycling Office at 961 -8270 or bring -ur-
ba Aco. hawaii. hi. us.
Updated February 19, 2013 Page 3 of 3