Wineries have unique bag law requirements because they often operate as both retail stores and eating establishments.
Dual Classification
The following classifications may apply to different activities at your winery:
- Retail store — when selling wine, merchandise, clothing, stemware, houseware, or packaged food (jam, honey, bread, olive oil) for offsite consumption
- Eating establishment — when operating on-site dining venues like cafés or restaurants
As a Retail Store
When functioning as a retail store (selling wine and/or merchandise for offsite consumption), you must:
- Charge a minimum of 10 cents for compliant paper or reusable plastic bags
- Itemize the charge on receipts
- The charge is not subject to sales tax
As an Eating Establishment
When operating on-site dining (café, restaurant, tasting room with prepared food):
- Provide compliant paper bags at no charge
- Charge minimum 10 cents for reusable plastic bags, itemized on receipts
These charges apply only when the winery's eating establishment has a separate register and customers need bags for:
- Prepared food to go
- Leftovers
Simplest Compliance Approach
Paper bags are the simplest solution for wineries with eating establishments to avoid charging customers for bags.
If you offer only compliant recycled-content paper bags:
- Free for eating establishment customers
- 10-cent charge for retail customers
Additional Accommodations
Paper Sleeves
Protective paper sleeves may wrap bottles to prevent damage in larger bags—these are not subject to the bag charge.
Wine Boxes
Wine distribution through boxes (at no cost) is permitted and does not count as a bag.
Customer's Own Bags
Customers may always bring personal bags or choose not to take a bag for any type of service.
Register Setup
If your winery has both retail and dining operations:
| Register Type | Rules That Apply |
|---|---|
| Separate register for prepared food only | Eating establishment rules (paper free) |
| Combined purchase (wine/merchandise + food) | Retail rules (10-cent charge) |
Compliance Checklist
- Determine which operations are retail vs. eating establishment
- Source compliant recycled-content paper bags
- If offering reusable bags, ensure they meet specifications
- Configure POS for correct charges based on register type
- Train staff on when to charge vs. when bags are free
- Inform customers of bag options
Questions?
For winery-specific guidance:
Email: bags@stopwaste.org | Phone: (510) 891-6575