General Questions

January 1, 2026. The law is now in effect. Stores should have depleted existing plastic bag inventory and transitioned to compliant bags.

Plastic bags take hundreds of years to decompose, pollute waterways, harm wildlife, and cannot be recycled in curbside programs because they jam sorting equipment.

Yes. The ordinance applies countywide, aligning with California's statewide SB 1053 law.

The county amended its ordinance to align with state requirements prohibiting plastic bags at checkout for businesses under state jurisdiction. This does not change existing requirements for restaurants and other county-regulated retail establishments.

For Stores

• Recycled-content paper bags (with 10-cent minimum charge)
• Bags without handles for product protection (produce, meat, prescriptions)
• For locally-regulated stores only: Compliant reusable bags (with 10-cent minimum charge)

At least 10 cents per bag, itemized on the receipt. You keep all revenue.

Yes. The ordinance requires a minimum of 10 cents, but individual store operators may charge more.

State-regulated stores (grocery, liquor, pharmacy, convenience) may NOT distribute reusable bags under SB 1053. Locally-regulated stores and eating establishments may sell reusable bags at any price (minimum 10 cents).

You may find an alternate use for them in your business or donate them to charitable reuse organizations like food banks. Distribution to customers is prohibited.

No. Neither county nor state law requires providing bags. However, whichever bag type(s) a store chooses to offer consumers at checkout must comply with ordinance standards.

All proceeds from the sale of bags are retained by the retailer with no use restrictions.

No. According to the State Board of Equalization, the bag charge is not subject to sales tax.

Bags used for gift wrap are subject to the bag requirements and must be charged for.

For retail stores: Yes—customers may bring any bag type and are only charged for bags provided by the store.

For eating establishments: Yes, if bags remain in customer possession and don't enter food preparation areas.

For Eating Establishments

All public eating establishments selling prepared food and beverages must comply. This includes restaurants, cafes, food trucks, coffee shops, bars, bakeries, to-go vendors, delis, cafeterias, delivery services, and ordering platforms.

Temporary food vendors at flea and farmers' markets are exempt.

No. Paper bag charges and receipt itemization aren't required for eating establishments. However, reusable bags and durable plastic bags must be charged for with receipt itemization.

The law applies only to carryout bags, not to bags without handles used for spill protection.

When registers are designated solely for prepared food sales, eating establishment rules apply (paper bags free). If customers purchase merchandise with food, retailer rules apply, including the minimum ten-cent charge.

For Shoppers

If you want a bag, stores must charge at least 10 cents per bag. Bring your own bags to avoid the fee.

Stores must provide recycled paper bags at no charge for customers using WIC or CalFresh/SNAP payment cards or vouchers.

Yes. Small bags without handles used for product protection are not affected.

Stores aren't legally required to provide plastic bag recycling. Previous state requirements expired in 2020. Some retailers voluntarily continue collection; customers can request this service from store management.

Bag Specifications

Paper bags must:
• Be recyclable in curbside programs
• Display manufacturer name, country of manufacture, and post-consumer content percentage
• As of January 1, 2028, bags must contain a minimum of 50 percent post-consumer recycled materials

Bags must display:
• Manufacturer name
• Country of manufacture
• A statement that the bag contains no lead or cadmium in toxic amounts
• The percentage of post-consumer recycled material used, if any

Special Cases

Wineries have dual classification depending on their operations. When selling wine or merchandise for offsite consumption, they function as retail stores and must charge for bags. When operating on-site dining, eating establishment rules apply (paper bags free).

See For Wineries for detailed guidance.

No. Most farmers' markets are operated by non-profits or distribute produce bags without handles, which are allowed.

The CDC reports COVID-19 doesn't spread via shared surfaces. Disposable options aren't shown to be safer than reusables.

Enforcement

Alameda County Environmental Health and the Alameda County Waste Management Authority.

Stores may be subject to warnings and fines for non-compliance. Fines range from $100 to $1,000 per violation, escalating for repeat offenses.

See Enforcement for details.

Still Have Questions?

Email: bags@stopwaste.org | Phone: (510) 891-6575