TO:
Honorable Mayor and Members of the City Council
THROUGH:
Talyn Mirzakhanian, City Manager
FROM:
Masa Alkire, Community Development Director
Britny Coker-Moen, Environmental Programs Administrator
SUBJECT:Title
Consideration of Introduction and First Reading of an Ordinance to Amend Title 5 of the Manhattan Beach Municipal Code Related to Plastic Carryout Bag Regulations (No Budget Impact) (Community Development Director Alkire).
(Estimated Time: 30 Mins.)
A) CONSIDER RECOMMENDED OPTIONS FOR AMENDING TITLE 5 OF THE MANHATTAN BEACH MUNICIPAL CODE RELATED TO PLASTIC CARRYOUT BAG REGULATIONS
B) INTRODUCE ORDINANCE NO. 26-0004
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RECOMMENDATION:
Staff recommends that the City Council consider options and introduce Ordinance No. 26-0004 related to carryout plastic bag regulations.
FISCAL IMPLICATIONS:
There are no fiscal implications associated with the recommended action. However, should the City Council adopt Ordinance No. 26-0004, staff time and resources may be expended for enforcement and to conduct public outreach to ensure the business community is informed of the change.
BACKGROUND:
In 2008, the City Council directed staff to investigate and provide information on strategies to ban plastic bag use in the City to reduce single-use waste and plastic pollution that adversely affects the marine environment. Research conducted by staff at the time found that approximately six billion plastic bags were consumed in Los Angeles County each year, equivalent to 600 bags per person per year, and that less than five percent of plastic bags were actually recycled. Research by Los Angeles County attributed the low recycling rate of plastic bags to the logistics of sorting, high contamination rates, the tendency of bags to jam the sorting equipment, and the low quality of plastic used in the bags coupled with the lack of sustainable markets for the recycled plastic (Los Angeles County 2008, <https://dpw.lacounty.gov/epd/plasticbags/PDF/03-19-08/Item2a.pdf>). Today, plastic bags are not accepted in the City’s curbside recycling collection program. According to the City’s contracted waste hauler, WM, plastic bags get tangled in the sorting equipment at recycling facilities and threaten worker safety. Additionally, WM’s website states plastic bags can be recycled by dropping them off at retailers or local grocers with bag take-back programs.
On July 15, 2008, the City adopted Ordinance No. 2115 (Attachment 3) prohibiting the distribution of single-use plastic carryout bags to customers at the point of sale at stores including, but not limited to, retail establishments, grocery stores, and restaurants. In 2011, the ordinance was challenged by the “Save the Plastic Bag Coalition.” After several years in litigation, the ordinance was upheld by the California Supreme Court and the City began enforcement of the ordinance in 2014.
In the years following the adoption of the City’s ordinance, additional cities and counties in California adopted plastic bag prohibitions, some of which continued to face litigation by special-interest groups. Certain groups, such as the California Restaurant Association, claimed that the California Retail Food Code’s health and sanitation standards preempt a plastic bag prohibition as it applies to restaurants. The City attorney’s office found that the Retail Food Code does not preempt the City’s plastic bag prohibition. However, to avoid further potential threats of litigation, the ordinance was amended on March 20, 2012, to clarify that it shall not supersede the California Retail Food Code or any other State or Federal law.
On September 30, 2014, the State of California enacted Senate Bill (SB) 270, prohibiting the distribution of single-use plastic carryout bags by stores or entities engaged in the retail sale of goods, not including restaurants. SB 270 allowed the use of thicker reusable plastic carryout bags that met specified standards.
On May 21, 2024, the California State Senate passed SB 1053 to address the increase in plastic waste attributed to the distribution of thicker reusable plastic carryout bags. The State found that these thicker plastic carryout bags, though designed for at least 125 uses, were not generally reused by consumers and resulted in an increased amount of plastic and plastic waste. According to California’s Department of Resources Recycling and Recovery (CalRecycle), between 2014 and 2021, the tonnage of plastic grocery and other merchandise bags present in landfills and transfer stations increased by 47 percent, from 157,395 tons in 2014 (CalRecycle 2015, <https://www2.calrecycle.ca.gov/Publications/Details/1546>) to 231,072 tons in 2021 (CalRecycle 2024, <https://www2.calrecycle.ca.gov/Publications/Details/1738>).
SB 1053 prohibits the distribution of all plastic carryout bags to customers at the point of sale, removing the exception for reusable plastic carryout bags, and requires that carryout bags provided by a store to a customer at the point of sale be recycled paper bags made partially from post-consumer recycled content. Similarly to SB 270, these regulations do not impact restaurants. SB 1053 was signed into law on September 22, 2024, and went into effect on January 1, 2026.
DISCUSSION:
City staff has identified the following recommended amendments to Chapter 5.80 of the Manhattan Beach Municipal Code (MBMC) to maintain consistency with the 2026 updates to State law. All have been included in draft Ordinance No. 26-0004.
MBMC Section 5.80.020 (Definitions)
1. Add “carryout bag” to the definitions to read as follows: "Carryout bag" means any bag provided to a customer at the point of sale for the purpose of carrying away goods. Carryout bag does not include a bag provided by a pharmacy to a customer purchasing a prescription medicine; a nonhandled bag used to protect a purchased item from damaging or contaminating other purchased items; a precheckout bag; or a nonhandled bag that is designed to be placed over articles of clothing on a hanger, such as a garment bag used in dry cleaning or laundry services.
2. Add “post-consumer recycled content” to the definitions to read as follows: “Post-consumer recycled content” means any material that would otherwise be destined for solid waste disposal, having completed its intended end use and product life cycle. Post-consumer recycled content does not include materials and byproducts generated from, and commonly reused within, an original manufacturing and fabrication process.
3. Add “precheckout bag” to the definitions to read as follows: “Precheckout bag” means a bag provided to a customer before the customer reaches the point of sale, that is designed to protect a purchased item from damaging or contaminating other purchased items in a carryout bag, or to contain an unwrapped food item, such as, but not limited to, loose produce, meat or fish, nuts, grains, candy, and baked goods. “Precheckout bag” does not include a bag used to prepackage items prior to their arrival in a store.
4. Update the definition of “recyclable paper bag” for clarity to read as follows: "Recyclable paper bag" means a paper bag that is one hundred percent (100%) recyclable overall and displays the words "reusable" and "recyclable" in a highly visible manner on the outside of the bag.
5. Add “recycled paper bag” to the definitions to read as follows: “Recycled paper bag” or “recycled paper carryout bag” means a paper bag that meets the following requirements for post-consumer recycled content: A recycled paper bag must contain a minimum of 40 percent (40%) post-consumer recycled content until December 31, 2027; On or after January 1, 2028, a recycled paper bag must contain a minimum of 50 percent (50%) post-consumer recycled content.
MBMC Section 5.80.030 (Plastic carryout bags prohibited)
1. Amend the code to prohibit the distribution of plastic single-use or reusable bags to customers at the point of sale and require that a carryout bag that is provided by a store to a customer at the point of sale is a recycled paper bag made from post-consumer recycled content.
2. Amend the code to clarify that affected establishments shall not require a customer to use, purchase, or accept a recycled paper bag as a condition of sale of any product.
3. Amend the code to clarify that this chapter shall not apply to bags provided by a pharmacy to a customer purchasing a prescription medicine; nonhandled bags used to protect a purchased item from damaging or contaminating other purchased items; precheckout bags; or nonhandled bags that are designed to be placed over articles of clothing on a hanger, such as a garment bag used in dry cleaning or laundry services.
POLICY ALTERNATIVES:
Staff has prepared two versions of the draft ordinance for City Council consideration. Both versions include the amendments outlined above that will prohibit certain businesses and stores from distributing plastic carryout bags to customers at the point of sale and require that carryout bags provided to a customer at the point of sale are recycled paper bags made from post-consumer recycled content. Version A of the draft ordinance (Attachment 1) maintains the current definition of “vendor” which includes restaurants and mobile food vendors. Version B of the draft ordinance (Attachment 2) amends the definition of “vendor” to exclude restaurants and mobile food vendors.
As stated, the City’s current plastic bag regulations prohibit restaurants and mobile food vendors from distributing single-use plastic bags at the point of sale. However, State law excludes restaurants from the carryout bag requirements, allowing restaurants and mobile food vendors to distribute single-use or reusable plastic carryout bags. Several cities in California have adopted plastic bag bans of varying degrees that extend to restaurants and mobile food vendors, including San Francisco, Malibu, and Palo Alto.
ALTERNATIVE #1:
Introduce version A of the draft ordinance to prohibit the distribution of plastic carryout bags to stores and retail establishments operating within the City of Manhattan Beach including restaurants and mobile food vendors. Version A is compliant with State law and also maintains the City’s existing plastic carryout bag prohibition on restaurants and food vendors, which is additive to State law. These amendments are identified in MBMC strikethrough version A (Attachment 4).
PROS:
- Will result in a continued decrease in single-use waste and plastic pollution.
- Paper bags have less of an environmental impact than plastic bags if they become litter or end up in the environment.
- Unlike plastic bags, paper bags are accepted in the City’s curbside recycling and organics programs.
CONS:
- Limits the carryout bag options for restaurants and mobile food vendors.
- Could result in an increase in operational costs for restaurants and mobile food vendors that currently use plastic bags as paper bags typically cost more.
ALTERNATIVE #2:
Introduce version B of the draft ordinance to incorporate the MBMC amendments outlined above, with an additional amendment to update the definition of “vendor” to exclude restaurants and mobile food vendors. Version B mirrors State law and removes the City’s existing plastic carryout bag prohibition on restaurants and mobile food vendors. These amendments are identified in MBMC strikethrough version B (Attachment 5). This ordinance will exclude restaurants and mobile food vendors from the carryout bag requirements, allowing them to distribute single-use or reusable plastic carryout bags.
PROS:
- Could prevent restaurants and mobile food vendors from potentially incurring additional costs.
- Reduces likelihood of damage to goods resulting from paper bags that may tear because of wet products or products with condensation.
CONS:
- Will result in a continued use of single-use plastics, resulting in additional waste and plastic pollution.
- Plastic bags have more of an environmental impact than paper bags if they become litter or end up in the environment.
Note: In considering paper and plastic carryout bag use by restaurants and mobile food vendors, a key factor is that carryout bags transporting prepared foods such as takeout or leftovers may become contaminated with food residue. Contamination impacts the reuse and recyclability of both plastic and paper bags. For a plastic carryout bag that has been contaminated with food residue to be reused or recycled, the bag would need to be thoroughly cleaned. Retailers and organizations that accept plastic bags for recycling require that the bags are clean and dry. A paper carryout bag that has been contaminated with food residue cannot be cleaned or recycled in the City’s curbside recycling program; However, a food-soiled paper bag can be reused as a liner for a food-waste collection container, composted, or placed in the green organics recycling cart.
PUBLIC OUTREACH:
On December 10, 2025, staff presented this matter to the North Manhattan Beach Business Association and the Chamber of Commerce at their all-member meeting. On February 12, 2026, staff presented this matter at the Downtown Business and Professional Association (DBPA) monthly board meeting. The Chamber, DBPA and North Manhattan Beach Business Association were invited to this City Council meeting and asked to notify their members. The public has been informed of this agenda item as part of the City’s standard meeting notice practices via public bulletin boards, website calendar, and social media.
Following ordinance adoption, staff will work with the Manhattan Beach business community, including the DBPA and North Manhattan Beach Business Association, to ensure that affected establishments are contacted regarding policy changes.
ENVIRONMENTAL REVIEW:
The City has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) pursuant to Section 15308 (Actions by Regulatory Agencies for Protection of the Environment) of the State CEQA Guidelines.
LEGAL REVIEW:
The City Attorney has reviewed this report and determined that no additional legal analysis is necessary.
ATTACHMENT/ATTACHMENTS:
1. Draft Ordinance No. 26-0004 (Version A)
2. Manhattan Beach Municipal Code Chapter 5.80 (Strikethrough Version A)
3. Draft Ordinance No. 26-0004 (Version B)
4. Manhattan Beach Municipal Code Chapter 5.80 (Strikethrough Version B)
5. Ordinance No. 2115
6. PowerPoint Presentation