A group of plastic bag manufacturers know as Save the Plastic Bag Coalition has filed a lawsuit against Marin County claiming they should have performed an Environmental Impact Report before passing their bag ordinance. Marin County declared the ordinance did not rise to the level of a full EIR which is the same approach Manhattan Beach took. The same organization sued Manhattan Beach and that case is pending before the California Supreme Court. Los Angeles County and City of San Jose both performed an EIR and have not been sued.

The difference between the two jurisdictions is Marin County placed a mandatory charge on paper bags as well as banning plastic. Manhattan Beach simply banned the use of plastic bags and left paper untouched. Manhattan Beach was ordered to not implement their ordinance pending the outcome of the lawsuit and the same may be true for Marin County. Until such an order is made stores in unincorporated Marin County should still plan for the January 1, 2012 start. CGA will monitor the situation and provide compliance information as it becomes available.

It will be interesting to see if this lawsuit will have a chilling effect on other jurisdictions hoping to ban plastic and require a charge on paper bags without performing an EIR. Santa Cruz County is next in-line to take this path with the City of Santa Cruz right behind. In many ways the question boils down to pure economics for governments – a $150,000 EIR upfront or risk $1,000,000 in legal costs.
Marin Independent Journal news article available here.

The California Directors of Environmental Health (CCDEH), the Food and Drug Administration (FDA), and the California Department of Public Health (CDPH) are sponsoring two sessions of the 2011 Managing Food Safety Course. One of the three-day sessions is being offered in San Diego, on March 1-3, 2011. The second session will be offered at Berkeley, from June 28-30, 2011.

2011 Managing Food Safety Course

Sponsored by CCDEH, FDA & CDPH

Course Description: This course is designed to allow participants an opportunity to explore the various ways that risk based inspections can be applied in retail and food service establishments. Topics will include the process approach to HACCP, applications of HACCP principles in routine inspection work, and assessing active managerial control of risk factors by operators through a HACCP system or other established food safety system. While the process approach is new to many regulators, it is better designed for use in retail and food service settings than traditional HACCP approaches because it eliminates lengthy flow charting and hazard analysis for every type of food product.

The press is reporting that Santa Ana Mayor Miguel Pulido had a financial relationship with a company owned by wealthy entrepreneur R.J. Brandes when he voted in 2006 to force grocers to install expensive locking wheel systems on their shopping carts. Brandes also owns Gatekeeper Systems, Inc., a company that gained financially from the passage of the cart containment ordinance. It is unclear whether Mayor Pulido’s relationship constituted illegal conduct or was just unethical. CGA will continue following the issue closely. In 2010, I reported to our members that the city was fining some grocers thousands of dollars for carts found on public property and encouraged grocers to install locking wheel systems. I’m sure there will be more developments on Santa Ana but the issue also raises questions about why so many other cities have pursued aggressive cart containment policies in recent years, even in jurisdictions without a significant abandoned cart problem.

At a recent Valley Industry & Commerce Association mixer, Los Angeles Councilman Paul Krekorian, who represents a large swath of the San Fernando Valley, called for the elimination of the city’s gross receipts tax. He stated that it is important to promote the creation of jobs and the tax makes the city less competitive when it comes to attracting new businesses. It is refreshing to hear pro-business proposals coming from a Councilmember who represents a fairly liberal council district. However, it remains to be seen how much headway the Councilmember could make on the subject when the City deficit is growing and perhaps the majority of the Council takes less equitable approach to business issues.

Sacramento Councilmember Kevin McCarty publicly shared his idea to tax soft drinks. He would like to see tax proceeds go to fund city recreational programs in an effort to combat childhood obesity. The proposed tax is part of package which includes removing soft drinks from city facility vending machines and creating community gardens in schools. Details of the proposals have not been developed according to McCarty.

Similar efforts have been tried in New York, San Francisco, and other major jurisdictions throughout the country but have failed. Proposals to tax or fee just one product, in this case soft drinks, claiming it is the primary cause of a greater concern, like obesity, is a difficult policy and political sell.

McCarty is hopeful using the proceeds for a recreation programs, not general fund purposes, will help pass his proposal. However, Proposition 26, which passed last election, limits the ability to implement taxes or fees without a 2/3 vote of the public. It is very likely this idea would trigger Prop. 26 need a vote of the people. Given the policy, legal, and political challenges for a soft drink tax McCarty will have a difficult time convincing his colleagues to support the measure.

CGA is already partnering with industry and local business organizations to lobby against the soda tax.

The Salinas City Council will postpone today’s consideration of a carryout bag ordinance and food packaging ban ordinnace. CGA and member companies, along with other business organizations, have concvinced councilmembers these proposals must be fully vetted before moving forward. The council is likely to reschedule the hearing in the next few months. CGA will continue to discuss industry concerns with councilmebers and staff.

After 3 years of discussion, the San Mateo County Board of Supervisors unanimously passed a ban on the use of polystrene packaging for food service today. The ban applies only to food packaged in-store and does not apply to raw meat, poultry, or fish.

The ban goes into effect on July 1, 2011. Only stores located in the unincorporated portions of San Mateo County are affected.

The Daly City Council erupted in a shouting match tonight with a councilmember abruptly leaving the dais. The argument was over process, respect, and a potential Brown Act violation when a request to consider a bag ban was discussed.

Councilmember Canepa asked for the city’s solid waste committee to consider a bag ordinance that he stated was already drafted. It was no surprise since the San Francisco Examiner reported on his intended introduction two weeks ago.

After his comments, Councilmember Maggie Gomez was recognized to speak and did so forcefully. She began by sharing her extreme displeasure with Canepa for what she felt was a disrespectful way to introduce the subject.

When Gomez continued by discussing Daly City’s previous consideration of a bag ban before Canepa was a Councilmember he had enough. Canepa began interrupting her by speaking over her loudly – very loudly. To address the lack of decorum the remaining councilmembers tried to shout Canepa down but to no avail.

Amongst the shouting about respecting others Councilmember Torres’ warnings of potentially violating California’s open meeting laws were heard. Receiving no comfort from the reassuring yells that no violation had occurred he abruptly walked off the dais.

The ruckus settled down and Torres returned to his seat as quickly as it started. It took the steady hand of a shocked city manager to bring some calm back to the schoolyard. The meeting quickly ended after some mumbling about sending the issue to their solid waste committee.

My reaction is WOW! I have not seen a council meeting argument become this vicious so quick in my career. With no real discussion I have no indication if or when Daly City will engage in another bag ban conversation. My sense is it will be sometime from now when cooler heads prevail.