HomeMy WebLinkAboutOrdinance No. 2023-18 Carryout Bag Reduction1
ORDINANCE NO. 2023-18
AN ORDINANCE AMENDING CHAPTER 20
OF THE EDINA CITY CODE CONCERNING MERCHANT CARRYOUT BAG
REDUCTION
THE CITY COUNCIL OF EDINA ORDAINS:
Chapter 20 of the Edina City Code is amended by adding Article 14 to read as follows:
ARTICLE 14. CARRYOUT BAGS PROVIDED BY MERCHANTS TO
CUSTOMERS
Section 1. Findings and Purpose. For the promotion of health, safety, order, convenience
and general welfare of the public, the City finds that disposable carryout bag production and
pollution pose a threat to our land, water, and air on a local, regional, and global scale. The
purpose of this Article is to reduce this threat by reducing the use of fossil fuels and
greenhouse gas emissions from disposable carryout bags, meeting City Climate Action Plan
goals related to waste reduction and elimination of petroleum-based single-use products in
Edina, and inspiring merchant and consumer behavior change.
Section 2. Definitions. The following words, terms and phrases, when used in this article,
shall have the meaning ascribed to them in this section, except where the context clearly
indicates a different meaning:
Carryout bag means a paper, plastic, or similar bag that is provided by a merchant at the check-
out stand, cash register, point of sale, or other point of departure to a customer for the
purpose of transporting food or merchandise out of the establishment.
Carryout bags include:
(1) plastic bags;
(2) Compostable plastic bags;
(3) Paper bags; and
(4) Reusable bags
Carryout bags do not include:
(1) Produce and bulk good bags;
(2) Baked goods bags;
(3) Dry cleaning bags;
2
(4) Newspaper and doorhanger bags;
(5) Secondhand bags;
(6) Flower wrap bags;
(7) Prescription drug bags;
(8) Bags brought by a customer; and
(9) Bags used as prepared packaging for retail goods
Merchant means any person, corporation, partnership, business venture, public sports or
entertainment facilities, street vendor or vendor at public events or festivals or organizations
that sell or provide merchandise, goods, or materials including, without limitation, clothing,
household goods, or personal items of any kind directly to a customer. This includes entities
that meet the definition of “retail” as defined by Edina City Code. Food banks and other food
assistance programs are not considered to be merchants for the purposes of this section.
Pass-through charge means a charge to be collected by merchants from their customers when
providing carryout bags, and retained by merchants to be used at their discretion.
Point-of-sale system means a cash register, credit card machine, or other device that can be
programmed or is capable of being used to itemize purchases including a description and/or
cost for each item, which can calculate sales tax, add applicable fees, or which is capable of
generating sale reports.
Section 3. Carryout bag requirements.
(a) Merchants shall collect a pass-through charge of not less than five (5) cents for each
carryout bag provided to customers. It shall be a violation of this section for any
merchant to pay or otherwise reimburse a customer for any portion of the pass-
through charge. All merchants shall indicate on the customer transaction receipt the
number of carryout bags provided and the total amount of the pass-through charge.
Merchants may use the revenue from the five-cent charge at their discretion.
(b) Merchants shall provide, upon annual request by the City, a report identifying the
number and value of the carryout bag fees charged to customers.
Section 4. Exceptions.
Merchants are not required to collect a pass-through charge from anyone with a voucher or
electronic benefits card issued under the Women, Infants and Children (WIC) or Temporary
Assistance to Needy Families (TANF) support programs, or the federal Supplemental Nutrition
3
Assistance Program (SNAP, also known as Basic Food), or a recognized Minnesota food
assistance program.
Section 5. Exemptions. The charge shall not apply when the merchant is a government
agency, or to entities that meet the definition of “food establishment“ as defined by Edina City
Code.
Section 6. Enforcement. The City shall have the duty and the authority to enforce provisions
of this chapter pursuant to City Code Chapter 1, Sec. 1-18.
Section 7. Effective Date. July 1, 2024.
First Reading: October 3, 2023
Second Reading: October 17, 2023
Published:
Attest __________________________ _______________________________
Sharon Allison, City Clerk James Hovland, Mayor
Please publish in the Edina Sun Current - Send two affidavits of publication.
Bill to Edina City Clerk
Sharon Allison (Nov 22, 2023 08:35 CST)