In preparation for the CGA Board of Directors meeting I pulled out a map and calculator to tally the impact of regional efforts to regulate carryout bags in Northern California. I surprised myself when I saw the final count – 4.8 million people!

As a point of reference 4.8 million people is larger than the State of Alabama and a bit behind the State of Colorado. (Wow!)

To fully understand this number we need to start by defining what “regional” means. In this case it refers a group of neighboring jurisdictions, jurisdictions partnered through a Joint Power Authority, or all jurisdictions within a county. Basically, it is the practice of separate jurisdictions joining together to regulate carryout bags in a similar way.

So why choose regional regulation? The answer is quite simple – time and money. By engaging a regional process the cities and counties involved share the cost and expense of environmental review, create consistency across borders to avoid economic disadvantages, and achieve compliance with regional storm water mandates.

It is interesting to note at the beginning of this year less than 2 million people were being impacted by regional efforts to regulate bags. In the last six months regional efforts have begun in Alameda County, Marin County, Monterey County, San Mateo County, Santa Cruz County, Sonoma County, and Contra Costa County. This list represents the majority of the Northern California coastline and San Francisco Bay Area.

Regional regulation is arguably preferred for the grocery industry. It does mean larger areas under regulation, but also results in greater consistency between jurisdictions. In Alameda County this means one ordinance passed on one vote for all 15 jurisdictions compared with 15 ordinances and 15 votes if each jurisdiction acted alone.

As the legal questions gain clarity and environmental review is completed expect these regions to begin passing ordinances. Many are on target to take votes before the end of 2011. We also expect more jurisdictions to enter into the mix as the year continues.

Forget Colorado. Soon we will be bumping up against Minnesota!

Wednesday, July 13, 2011
10:00 AM to 11:00 AM (PST).

The City of San José was the first Northern California jurisdiction to pass a comprehensive carryout bag ordinance. This ordinance bans the use of plastic carryout bags and requires a retailer retained charge on paper carryout bags, among other requirements. The ordinance will go into effect on January 1, 2012.

In order to assist grocery stores in San Jose comply, the California Grocers Association in coordination with CGA Educational Foundation has arranged for a free webinar. City of San Jose staff will discuss requirements of the ordinance and answer questions directly related to implementation of the ordinance. This webinar will be useful for those involved with operations, compliance, purchasing, or public affairs.

In order to tailor the webinar to your needs please submit specific areas you would like to see recieve additonal focus or questions you may currently have by email here.

Please click here to register. Space is limited to the first 100 participants so RSVP soon to reserve your spot. Contact Tim James at [email protected] for additional information or questions.

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By hosting this Webinar, California Grocers Association (CGA) is providing an opportunity for its members and attendees to obtain general information and interact directly with the regulating agency which may be of interest as your company develops a program for complying with the City of San Jose Bag Ordinance. The Webinar is designed to provide practical and useful information on the subject matter covered. However, CGA is not engaged in rendering legal, accounting or other professional advice or services.

CGA does not review or approve the content of the webinar presented by guest speakers and others, and makes no representations or warranties about the accuracy or legality of any compliance or other recommendations provided during the webinar. If legal advice or other expert assistance is required, the services of a competent professional should be sought.

Today is a big day for the 83 larger grocery stores in unincorporated Los Angeles County and three in Calabasas, who must implement carryout bag ordinances. There will likely be a significant number of questions from customers and the press about the new changes in the law. I will be available all day to take your calls. My office number is 818-841-8640 and my cell number is 818-441-6053.

CGA began hearing from several grocers last week that LA County Public Health and California Dept. of Food and Agriculture inspectors were citing grocers for failing to obtain a permit to cut-and-wrap cheese; a permit that had previously not existed and which was based on an obscure and never enforced section of the codes. CGA’s Sacramento government relations team met with CDFA on Friday and the agency affirmed that it would 1) advise Los Angeles County to cease proactive enforcement of the permit, pending a more detailed analysis of the law; 2) advise the County to notify grocers that they are allowed to continue their cheese cutting-and-wrapping store operations until further notice; 3) CDFA would postpone or cancel all appointments with grocers to explain compliance of the relevant statutes and; 4) meet with CGA in the near term to discuss the issue in greater detail.

Santa Clarita city officials noticed a marked increase in the presence of shopping carts on city streets in recent months and called a meeting with retailers last night to find reasonable solutions to the issue. The city staffers made it clear that their intent was to work with business and were not likely to shove another punitive cart ordinance down retailers throats.

It quickly became apparent that most of the retailers who took the time to attend were already doing their best to keep their carts off the streets with regular cart retrieval service, signs and offering for sale fold-able push carts to customers.
As in many communities, a few retailers apparently do not retrieve any of their carts from city streets, even after the City calls them to report a specific cart location. CGA advised the city to encourage those bad actors to their part without penalizing those grocers who are doing their best to keep carts off the streets.

City enforcement personnel in Pasadena recently tied grocers in a bind by aggressively fining members up to $100 for each cart found off a store’s premises, regardless of efforts to keep carts on store property. After several discussions with staff and council offices, it is obvious that the city has a confrontational attitude towards grocers and intends to continue its zero-tolerance policy towards abandoned carts. Further, the activity is not staff-driven but was actually implemented at Council’s direction. CGA is publishing a letter-to-the-editor in the local paper and continuing to schedule meetings with council members and staff to present the industry position. Even so, there is no easy fix to this crisis and nothing in the pipeline to suggest that the enforcement activity will cease anytime soon. CGA will be scheduling a conference call to coordinate strategy to attack the problem and would like industry participation in an upcoming meeting with City officials. If your company has been impacted by this activity, please call Matthew Dodson at 818-841-8640 to discuss.

Grocers have taken grief from the Public Health Department at Los Angeles County for years, from the attempted criminalization of turkey trailers to misinformed inspectors to misguided attempts to have the County social engineer customers’ eating and drinking habits. Two recent issues demonstrate that Los Angeles County still can’t seem to get its house in order.

The San Francisco Department of Environment (DOE) is notifying retailers of delayed enforcement of the Cell Phone Right-to-Know Ordinance. This ordinance would require retailers to post Specific Absorption Rate (SAR) information when selling cell phones. Information on this delayed ordinance is available here.

The delay stems from legal issues identified with the information included in the notification requirements. CGA has confirmed with DOE staff the delay is indefinite. Supervisor Avalos has introduced a currently pending ordinance to change the notification information required. If the pending ordinance is passed, DOE will reinstitute enforcement based on the changes.

Caitlin Sanders with the DOE is the primary contact for questions regarding the delay. She can be reached at (415) 355-3757 or at [email protected]. Please contact CGA with any questions or additional information regarding the pending ordinance.

Over the next few days a tremendous amount of media coverage will focus on redistricting of state legislative and congressional districts. Much of the story will focus on the Citizens Redistricting Commission (CRC). Previously the California State Legislature carved their own maps, often in closed processes, to create personal fiefdoms. Strangely enough the majority party usually came out ahead. Many thought they did a poor job, which is why the voters of California took away their power and handed it to the CRC in 2008.

But not all redistricting is handled this way in California. All 58 California Counties and every City with council districts (usually just larger cities) are currently slicing and dicing maps based on census data. From Del Norte to Imperial and all parts in between district lines are being shifted to balance population and maintain communities of interest. While the public is involved, the final decision is made by a majority of the elected officials in that jurisdiction.

So how does one go about drawing districts? Through transparency. Most jurisdictions are scheduling a series of public hearings to seek input. A number are taking cues from the CRC and appointing their own commission (advisory only). Several offer access to detailed mapping programs to draw your own suggestion, like Santa Barbara County. No matter what tools are employed, open meeting laws and common democratic ideals push local governments and their elected officials to be inclusive and responsible.

With this short look at California redistricting the cautionary tale is clear. Keep the process open, information available, and conversations public and people will usually trust the decision. Even if a Supervisor or Councilmember argues a little too forcefully for their district to be drawn a certain way they will have to do so looking constituents (and the media) in the eye.

When Long Beach passed its carryout bag ordinance on May 17th, it became the fourth jurisdiction in Southern California to pass such an law. Despite the failure of the Legislature to pass AB 1998 and create a single state-wide standard, SoCal governments have mostly passed bills that closely mirror the County of Los Angeles, which was the first jurisdiction to pass such an ordinance in the region.

There are only a few weeks left before most grocers must begin implementing the new regulations. A few things to consider:

1) CGA is producing a poster that you can post in your stores to prepare your customers for Los Angeles County ordinance.

2) The County is prepared to cooperate with stores to give out free reusable bags and educate consumers about the upcoming changes to the checkout process. If you are interested in working with the County, call Nilda Gemeniano at 626-458-5184.

3) LA County information

4) Santa Monica information

5) Calabasas information

6) Long Beach information

In addition, the County has provided CGA with some answers to common questions about the their ordinance:

1) For EBT customers, do we give free recyclable paper bags to the customers that are purchasing taxable non food items with the cash portion of their publically funded EBT card?

WIC and SNAP participants are the only customers to be provided free carryout bags for their purchases. Affected stores would develop and incorporate into their operations methods of confirming customer participation in these programs.

2) Do we charge 10 cents for the small bags such as number #8, #12 and #735? Sometimes these small bags are used to wrap and protect individual items, such as wine and glassware, and sometimes these bags are used as final carryout bags for small items.

When paper bags are being used as carryout bags, they must be charged 10 cents/bag.

3) Are the small poly carryout bags that are used for greeting cards authorized to keep in the stores, and do we charge 10 cents for them?

Affected stores must not use any plastic carryout bags except for produce/food bags. Paper bags that are used to carry out greeting cards and other small items will be charged 10 cents/bag. The stores should ask the customer if they want a bag.

4) We have a large carryout bag with handles for our hot food in the Service Delis. Do we need to discontinue using this bag? If we are authorized to keep this bag, do we charge the 10 cent fee?

If the service deli is part of the affected store, then they must stop using plastic carryout bags. If this large carryout bag is a paper bag, the deli/store must charge 10 cents/bag.

5) Do we charge sales tax on the 10 cent bag fee?

Los Angeles County is not a taxing agency. In developing the Ordinance, we contacted the State Board of Equalization. They advised us that since the paper carryout bag is a “container”, it falls under the Container Rule – Reg. 1589. As long as there are taxable items in the paper bag the charge would be subject to tax, but if there are no taxable items in the paper bag the charge would not be subject to tax.