Reprinted from The Modesto Bee (11/21/2016)

By Ron Fong, President & CEO, California Grocers Association

In his recent op-ed “Why Some Grocers Can’t Wait to Collect Bag Fee” (Page 11A, Nov. 15), Ralph E. Shaffer appears to use what he learned to gain his title of emeritus professor of history at Cal Poly Pomona as a way to legitimize falsehoods in an effort to undermine the recent passage of Proposition 67 – the referendum on the statewide ban of single-use plastic bags.

It seems ironic that an emeritus professor of history would have such a loose grip on the facts and historical record, as it pertains to our state constitution.

Shaffer begins by claiming that grocers up and down the state had wrongly determined that Proposition 67 was in effect because the election has yet to be certified by the secretary of state. He continues by condescending to the reader, saying “the grocers and a lot of other people mistakenly interpret that line in the state constitution that says initiatives take effect ‘the day after the election’ if they are successful.”

Let me pause to share what Article 2, Section 10 of the state constitution (that part of the constitution that Shaffer claims is mistakenly interpreted) states: “An initiative statute or referendum approved by a majority of votes thereon takes effect the day after the election unless the measure provides otherwise. If a referendum petition is filed against a part of a statute, the remainder shall not be delayed from going into effect.”

I suggest it is Shaffer who is mistakenly interpreting the constitution, while using cheap semantics to ask, “But what day is the day after the election?”

The election was on Nov. 8, making the day after the election Nov. 9. We must apply a concept used in the realm of law called the “plain meaning” rule. According to the rule, absent a contrary definition within the statute, words must be given their plain, ordinary and literal meaning.

Thus, the day after the election is literally the day after the election.

Shaffer attempts to undermine this plain meaning by suggesting the election results need to be certified before propositions can go into effect.

The history professor should brush up on his California history. While he is correct in that before 1970 the constitution did indeed stipulate an initiative or referendum did not take effect until “5 days after the date of the official declaration of the vote by the Secretary of State,” in 1970 voters approved Proposition 16, making changes to the constitution that replaced the delayed-effect language with the current “day after the election.”

The grocery industry prides itself on prompt and thorough compliance with all laws. It is something we owe to our customers for the trust they put in us as the people who help deliver food to their families. Proposition 67 is no different.

When we saw it received the most votes on the day after the election, we abided with the will of the people as well as our state constitution.

Shame on Shaffer for suggesting that our industry break the law by violating the state constitution. Perhaps he should also take a course in the history of the California Constitution.

Read more here: http://www.modbee.com/opinion/state-issues/article116244698.html#storylink=cpy
Read more here: http://www.modbee.com/opinion/state-issues/article116244698.html#storylink=cpy
Read more here: http://www.modbee.com/opinion/state-issues/article116244698.html#storylink=cpy

LOS ANGELES – Two weeks after Californians voted to enact a state law to ban plastic shopping bags–the first state in the nation to do so–stores across the state are proceeding with implementation.

“I thank California voters for supporting Proposition 67 and once again making the Golden State a bold leader in protecting the environment. California is moving past the era of throw-away plastic bags,” said California Secretary of State Alex Padilla, the author of Senate Bill 270, the state law banning plastic bags. “When I took on the problem of plastic bag pollution three years ago, California retailers were distributing more than 19 billion single-use plastic shopping bags every year. In 2017, that number will be zero.”

Proposition 67, the referendum on the state law (Senate Bill 270) passed by the Legislature and signed by Gov. Jerry Brown in September 2014, is passing 53-47 percent. The law had been challenged by the out-of-state plastic bag industry, which spent more than $6 million to repeal it.

“California voters have taken a stand against a deceptive, multi-million dollar campaign by out-of-state plastic bag makers,” said Mark Murray of Californians Against Waste, co-chair of the campaign. “This is a significant environmental victory that will mean an immediate elimination of the 25 million plastic bags that are polluted in California every day, threatening wildlife.”

“This is a victory for our oceans and marine life, and for communities all over California dealing with the blight of plastic pollution in their neighborhoods,” said Linda Escalante, Policy Advocate for the Natural Resources Defense Council. “The phase out of these plastic bags is an important step in reducing a significant and damaging source of plastic pollution that is costing California communities more than $428 million in cleanup costs.”

Most stores in the state have moved quickly to phase out single-use plastic bags, and accelerate promotion of reusable bags. In just two weeks, an estimated 250 million single use plastic bags have already been eliminated.

The law, which was originally designed to take effect on July 1, 2015 for grocery stores and July 1, 2016 for convenience and liquor stores, requires stores to make available reusable bags certified to last at least 125 times, or recycled paper bags made with at least 40 percent post-consumer content.

More than 150 California communities already have local plastic bags in place. The passage of Prop 67 extends the ban to the remainder of the state.

More than 40 percent of California communities are already living without plastic shopping bags through local ordinance.

“Consumers have demonstrated they love this policy,” said Murray. “In the 12 California Counties that have already banned plastic bags, support was most overwhelming, with better than 66% of voters saying yes to Prop 67, and an end to polluting plastic shopping bags.”

The Yes vote on Prop 67 was backed by a diverse coalition of more than 500 organizations, ranging from environmental groups to business organizations and dozens of cities and counties. They included: Environment California, Heal the Bay, the NAACP, Save the Bay, the Los Angeles Chamber of Commerce, the California League of Cities, Azul, and the California Labor Federation.   The Yes campaign also received the support of more than 40 newspapers.

More than 70 percent of the Yes on 67 campaign’s funding came from environmental contributors. More than 4,000 individual contributors donated to the campaign. The plastic bag industry had just four contributors

The California Grocers Association joined the state’s grocery industry in mourning the passing of Jack H. Brown, Executive Chairman of Stater Bros. Markets on Sunday, November 13, 2016.

“We are all deeply saddened to learn of the passing of Jack Brown,” said CGA President/CEO Ron Fong. “Jack was a true grocery icon in Southern California. He was respected by peers, employees and by the many organizations he so generously supported over the years. Our thoughts and prayers go out to his loved ones and the entire Stater Bros. family.  He will truly be missed.”

The following announcement was released by Stater Brothers Markets:

SAN BERNARDINO, CALIFORNIA – (November 14, 2016) – It is with a heavy heart that Stater Bros. Markets announces the passing of “Our Jack”.  Surrounded by his entire family, Jack H. Brown passed away on November 13, 2016 at 10:45 p.m.

A native of San Bernardino, California, Brown began his Supermarket career as a box boy at Berk’s Market Spot in San Bernardino at the age of thirteen (13), sparking a sixty-five (65) year career in the grocery industry.  Brown was passionate about the supermarket industry. He loved his “Family” of Employees and the loyal Stater Bros. customers who he proudly served since taking the helm of Stater Bros. Markets.

Brown joined Stater Bros. in 1981.  He served as President and Chief Executive Officer of Stater Bros. Markets for over thirty-five (35) years and as Chairman for Stater Bros. for over thirty (30) years. Brown became the Executive Chairman after appointing Pete Van Helden to the position of President and CEO earlier this year.

“Grief is not a strong enough word to describe what the Stater Bros. ‘Family’ feels,” stated Stater Bros. President and CEO Pete Van Helden.  “Jack touched every one of us in a very personal way, and it is that legacy that we must carry forward.  He loved the business, his company and each one of us,” Van Helden continued.

Brown was a proud Navy Veteran who served on active duty with the Pacific Fleet of the United States Navy during the Vietnam era.  Brown’s support of the military and our nation’s veterans remains unparalleled.

In 2004, he received the “Friend of the Veteran Award” from the Riverside National Cemetery’s Veterans’ Advisory Committee for his continued support of volunteer services to Veterans and their families.  Brown also received the “Patriot Award” in 2011, the highest award the Congressional Medal of Honor Society can bestow upon an individual.

In addition, Jack was one of ten Distinguished Americans to receive the 1992 “Horatio Alger Award” in Washington, D.C., in recognition of his outstanding contributions to America and the “American Dream.”

Brown has received countless awards for his contributions to the supermarket industry. In 2001, Brown received the California Grocers Association “Hall of Achievement Award” for a lifetime of dedication to the grocery industry, and in 2005, he received the prestigious “Sidney R. Rabb Award”, the Supermarket Industry’s highest award.

Brown has been recognized for his generosity in giving back to the “valued” communities he loved and so proudly served.   In 2008, he established Stater Bros. Charities, the philanthropic arm of Stater Bros. Markets as a way to give back in a larger way. Brown was a founder of the Boys and Girls Club of San Bernardino, and the Founding Chairman of Children’s Fund of San Bernardino County.

Most recently, the California State University Board of Trustees named the “Jack H. Brown” College of Business and Public Administration at California State University San Bernardino in July, 2016.

Brown will be remembered with love, affection, and by his countless acts of kindness. He was an incredibly thoughtful man whose accomplishments and generosity will be remembered for many years to come.

Brown is survived by his cherished wife Debbie, three beloved daughters; J. Kathleen Smith (Michael Smith), Cara Hoffman (Scott Hoffman) and Melissa Koss (Pete Koss).  He had seven grandchildren, Kaitlyn, Colleen, Caden, Dylan, Julianna, Jack Ryan and Emma.

His burial will be private for family only with a memorial to follow at a later date.

Editorial Board
San Jose Mercury News
November 3, 2016

The two plastic bags propositions on the California ballot were confusing enough for voters before misleading advertisements started flooding the airwaves. Ignore them.

Here is all you need to know:

Proposition 67 upholds the statewide ban on one-time plastic bag use that the Legislature passed. Vote “yes.” Plastic bags are awful for wildlife and the environment, and California state, county and local governments spend an estimated $400 million — roughly $10 per resident — every year trying to clean them up.

Proposition 65 would require proceeds of grocery store sales of paper bags to go to a wildlife fund. It sounds attractive, but there are sound reasons why even environmental groups are united in opposing Prop. 65. Vote “no.”

First, on the ban itself — California voters need to know that 98 percent of the millions of dollars spent on advertising against the plastic bag ban comes from out-of-state manufacturers. The biggest contribution of $2.7 million comes from Hilex Plastics of South Carolina. Two Texas manufacturers and a New Jersey bag maker have tossed in about $1 million apiece to promote their misleading campaign.

Small wonder. Every Californian, on average, uses about 400 plastic bags a year, reportedly creating a $1 million a month profit for plastic bag manufacturers. They’re desperate to kill the proposed ban before it spreads to other states.

The industry is arguing that a ban won’t reduce waste or litter. Now that’s garbage.

San Jose banned plastic bags in 2012 and reports 59 percent fewer plastic bags on city streets and a 60 percent reduction in its creeks. For a city with budget challenges, the cost savings for cleanups, including clearing clogged storm drains, is substantial.

Hate litter on freeways and rural roads? Don’t we all. Take a look sometime at what’s there. Those white bags are easy to pick out even on the rare occasion traffic is moving at the speed limit.

Meanwhile, volunteers picked up 1.3 million plastic bags on just one recent Coastal Cleanup Day. The damage those bags wreak is heartbreaking. Plastic accounts for 60-80 percent of all marine debris and harms and kills wildlife in devastating numbers.

Gov. Jerry Brown acknowledged that destruction when he signed a 2014 law banning plastic bags statewide. But the plastic bag manufacturers collected enough signatures to put Propositions 67 and 65 on the 2016 ballot, delaying implementation of the law.

Their motive for Prop. 65 is just craven. It is, as we’ve said before, one of the most disingenuous ballot measures in state history. And in California, that’s saying something.

The plastic bag industry targets the bag ban’s provision that grocers can charge 10 cents for each paper bag when shoppers don’t bring their reusable bags. The industry says that’s a “special interest giveaway,” and the money should go to a special wildlife fund. Here’s why that’s wrong.

Sen. Kevin de Leon led the effort to enact a statewide ban, and he included the provision so grocery stores would be able to recoup the expense of providing paper bags. Profits from those bags are negligible.

Wildlife supporters obviously agree. The Sierra Club, The Nature Conservancy, Save Our Shores, the Surfrider Foundation and a host of other environmental groups strongly oppose Prop. 65. Grocery stores have supported the bag ban partly because they wouldn’t lose money on the deal. To their credit, they still support the ban, which makes the plastics industry plot all the more disgusting.

Don’t let out-of-state plastic bag manufacturers stop California from ridding itself of billions of bags that clog our drains, fill our landfills and pollute our waterways.

Vote “yes” on Prop. 67 and “no” on Prop. 65.

Read Editorial here.