If your business has received a violation notice under Alameda County's Reusable Bag Ordinance (2025-1), this page explains each violation type and the steps you need to take to come into compliance. Review the section that matches your notice, make the required corrections, and contact StopWaste if you need assistance.
Violation 4(a): Single-Use Bag Distribution
Violation: Stores cannot provide single-use carryout bags to a customer at the check stand, cash register, point of sale, or other location for the purpose of transporting food or merchandise out of the store.
Correction: Stop distributing single-use bags immediately and begin offering only compliant reusable or recycled paper bags.
Violation 4(b) – 3(n): Non-Compliant Recycled Paper Bags
Violation: Distributed recycled paper bags fail to meet Ordinance 2025-1 specifications.
Paper bags must:
- Be accepted for recycling in curbside programs
- Display manufacturer name, country of origin, and postconsumer content percentage
- Contain at least 50% postconsumer recycled materials (effective January 1, 2028)
Correction: Discontinue non-compliant bags and purchase compliant alternatives. Non-compliant inventory may be donated to nonprofits like Goodwill or Salvation Army.
Violation 4(b) – 3(o): Non-Compliant Reusable Bags
Violation: Distributed reusable bags do not satisfy all requirements under Ordinance 2025-1 specifications.
Reusable bags must:
- Carry 22 pounds at least 125 times over 175 feet
- Have a minimum 15-liter capacity
- Be machine washable or cleanable
- Be at least 2.25 mils thick (if plastic)
- Display required labeling (manufacturer, country, lead/cadmium statement, recycled content %)
Correction: Switch to compliant reusable bags or recycled paper bags. Request certification from manufacturers that bags meet the ordinance.
Options for non-compliant reusable bag inventory:
- Return stock to distributors
- Sell to retailers not regulated by the ordinance
- Donate to nonprofit organizations
Violation 4(b): Insufficient or Missing Bag Fees
Violation: Store failed to charge or charged less than the required ten-cent minimum per bag.
Correction: Charge a minimum of $0.10 per bag. This applies to:
- All bag sizes
- Double-bagged items (charge for each bag)
- All compliant bag types offered
Violation 4(d): Missing Receipt Itemization
Violation: Bag charges were not separately itemized on customer receipts.
Correction: Separately itemize each ten-cent bag charge on all receipts provided to customers. Update your POS system to display the bag fee as a distinct line item.
What to Do with Non-Compliant Inventory
If you have bags that don't meet ordinance specifications, you have several options:
| Option | Details |
|---|---|
| Return to supplier | Contact your distributor about returns or exchanges |
| Sell to non-regulated businesses | Some businesses are not covered by the ordinance |
| Donate | Goodwill, Salvation Army, or other nonprofit organizations |
| Alternative use | Find another use within your business (not for customer checkout) |
Do NOT distribute non-compliant bags to customers.
Need Help?
The Authority provides compliance assistance to help businesses understand and meet requirements.
Email: bags@stopwaste.org | Phone: (510) 891-6575