New Bag Requirements
Pre-Checkout Bag Requirements
Effective January 1, 2025
SB 1046 (Eggman, Chapter 991, Statutes of 2022) places new restrictions on the types of pre-checkout bags that most grocery stores, retail stores with a pharmacy, convenience stores, food marts, and liquor stores may provide to customers.
- Pre-checkout bags are provided to a customer before checkout to:
- Contain unwrapped items like bulk foods or loose produce
- Protect a purchased item from damage or contamination
- Beginning January 1, 2025, stores may only provide customers with pre-checkout bags that are:
- Recycled paper bags or
- Compostable bags
Compostable pre-checkout bags must meet the following requirements:
- Not display a chasing arrow resin code or recycling symbol.
- Not be labeled with the terms “biodegradable,” “degradable,” or “decomposable” and not imply it will do so in a landfill or other environment.
- Have a minimum 15-inch mouth width
- Either:
- Be green and labeled with the word “compostable” on one side in one-inch lettering.
- Be labeled with the word “compostable” on both sides in either one-inch green lettering or within a one-inch green color band with contrasting lettering.
- Be distinguishable from other non-compostable plastic bags and consistent with the Federal Trade Commission Green Guides.
- Meet the ASTM D6400-19 standard specification, as verified by a recognized independent third-party, and is labeled with a certification logo.
- Be eligible to be labeled “compostable” or “home compostable”, including:
- Be designed to separate organic waste collected for composting (e.g., food scraps, yard trimmings).
- Manufacturer of “home compostable” bag holds OK compost HOME certification.
- Not contain more than 100 parts per million of per- and polyfluoroalkyl substances (PFAS).
- Effective January 1, 2026, is an allowable agricultural organic input under the U.S. Department of Agriculture National Organic Program.
Public Resources Code (PRC) section 42281.2 contains a complete set of requirements.
Carryout Bag Requirements
Effective January 1, 2026
SB 1053 (Blakespear, Chapter 453, Statutes of 2024) places new restrictions on the types of bags distributed at the point of sale by most grocery stores, retail stores with a pharmacy, convenience stores, food marts, and liquor stores.
- Beginning January 1, 2026, stores will only be allowed to distribute recycled carryout paper bags to customers for a minimum charge of ten cents ($0.10) per bag at:
- Checkout counters
- Self-checkout kiosks
- In-store pickup
- Curbside delivery
- Home delivery
- Beginning January 1, 2028, recycled paper bags distributed at stores must contain at least 50% postconsumer recycled materials.
SB 1053 Questions and Answers
How will the new law impact the SB 270 Reusable Grocery Bag Program?
CalRecycle will continue to implement the existing program per the SB 270 statutes and regulations until the program is repealed on January 1, 2026.
Reusable grocery bag producers and distributors who wish to have their bags included on the List of Certified Reusable Grocery Bags and Producers must continue to comply with the SB 270 Reusable Grocery Bag Program requirements until December 31, 2025.
If a bag producer on the List of Certified Reusable Grocery Bags and Producers (List) is due to recertify their bags prior to January 1, 2026, will they have to pay the full biennial certification fee amount?
Reusable grocery bag producers must submit proof of certification documentation and pay the full biennial certification fee amount, as specified by the SB 270 statute and regulations, to remain on the List.
SB 1053 did not change the administrative certification fees established by the SB 270 regulations, which remain in effect until December 31, 2025.
Will any recycled paper carryout bag requirements stay the same?
These requirements for paper bags will remain the same:
- Stores must charge customers a minimum of ten cents ($0.10) per bag, if provided at the point of sale.
- The bag must be accepted for recycling in curbside programs in most households in California.
- The bag must have the following information printed on them:
- The name of the manufacturer
- The country where the bag was manufactured
- The percentage of postconsumer content
Are there any types of bags, other than recycled paper carryout bags, that can be provided to customers?
Stores may continue to sell reusable grocery bags that are not located at the point of sale.
Stores may also continue to distribute the following types of bags:
- Bags used by pharmacies for prescription medication.
- Bags without handles used to protect a purchased item from damage or contamination.
- Bags used to contain unwrapped food items, like bulk foods or loose produce.
- Bags without handles that are designed to be placed over articles of clothing on a hanger, such as dry-cleaning bags.
Please Note: The Department of Resources Recycling and Recovery does not have enforcement authority over these laws. Consult with your legal counsel if you have any questions or concerns.