Chicago's plastic bag ban takes effective Saturday loophole and all

Chicago's ban on the single-use plastic bags goes into effect Saturday, Aug. 1, amid controversy over unfairness, cost and a "loophole." 

Ordinance
Under the ordinance, a retailer, with more than 10,000 square feet,  who provides customers with a bag to take product from their store must no longer provide single-use bags. They must be reusable bags, recyclable paper bags or commercially compostable plastic bags or any combination. [Bag definitions at end of story below] Dine-in or take-out restaurants and stores less than 10,000 square feet are excluded. 

Fines for each non-compliance would ranch from $300 to $500. The public is asked to call 311 to report business names and addresses of those not complying, while the City may do periodic audits, using inspectors to determine by appearance. 

Stores in compliance
Jewel-Osco put out a statement that says that they are eliminating the plastic T-shirt and plastic junior bags and replacing them with reusable plastic bags, at no cost to the customer. The new reusable bag can hold up to 22 pounds and can be reused 125 times. 

"We began educating employees and customers several weeks ago about the August 1st ban, which will affect 35 stores in Chicago and 2 stores in Evanston. We highly recommend customers keep the reusable bags in their vehicle so they can be used while shopping at Jewel-Osco. Customers can also return the reusable bags to any Jewel-Osco store for recycling." 

As with other large stores they provide containers for returning reusable bags. In addition they offer reusable bags for sale.

Strack and Van Til, 2627 N Elston Ave, and their Ulta Foods store on the southwest side, have reusable bags and paper bags that meet the new standards ready for the August 1 deadline.

Home Depot will have paper bags available for their customers, according to Stephen Holmes in their Atlanta office. He indicated that they are already meeting bans in other markets such as California and Austin, TX. 

Reality does not match intent
While stores are meeting the ordinance, some aldermen now say there is a loophole while others say it is more than a loophole. 

Proco "Joe" Moreno, 1st Ward Alderman, who has pushed for this ban since introducing an ordinance in November 2011, then brought children to a City Council hearing in June 2013 to advance the cause, now says, "One major loophole we seek to close is the ability for retailers to continue using biodegradable bags. Under the strengthened proposal, only reusable or recyclable bags will be permissible." 

Several aldermen who voted against the ban expressed, among other things, a lack of "an even playing field," merchant costs, particularly when the ban effects all businesses next year. The three-times current costs for bags will impact small businesses and will drive up prices in larger businesses, they believe.

Included in the votes against the ordinance were Aldermen Leslie Hairston, 5th Ward; Eugene Sawyer, 6th Ward; Anthony Beale, 9th Ward; Lona Lane, 18th Ward; Ariel Reboyras, 30th Ward; Scott Waguespack, 32nd Ward; Nick Sposato, 36th Ward; Emma Mitts, 37th Ward; and Brendan Reilly, 42nd Ward.

Alderman George Cardenas, 12th Ward, Jordan Parker from Bring Your Bag Chicago and Tanya Triche from the Illinois Retail Merchants Association on Chicago Tonight delve into more issues in the attempt to eliminate the daily usage of 3.6 million plastic bags in Chicago. 

One of their beliefs is that no merchant should give bags away. They point out that consumer habits will change to supplying their own reusable bags, if they are charged at the store for each bag. In addition they talk about the impact of various community segments from consumers to businesses…take a listen below 

Objections that surfaced earlier included Jim Long's article in Illinois Policy, which points out health issues around reusable bags.

Definitions of "bags"
Plastic carryout -- made predominantly of plastic derived from either petroleum or a biologically based source, such as corn or other plant sources, which is provided to a customer at the point of sale.  This  includes (1) degradable plastic bags, and (2) biodegradable plastic bags that are not commercially compostable.

The term “plastic carryout bag” does not include:

• commercially compostable plastic bags
• reusable bags
• produce bags
• product bag

As used in this definition: The term “produce bag” or “product bag” means any bag without handles used exclusively to carry produce, meats or other food items to the point of sale inside a store or to prevent such food items from coming into direct contact with other purchased items. 

Recyclable -- material that can be sorted, cleansed, and reconstituted using available recycling collection programs for the purpose of using the altered form in the manufacture of a new product. As used in this definition, the term “recycling” does not include burning, incinerating, converting or otherwise thermally destroying solid waste. 

Recyclable paper bag -- a paper bag that meets all of the following requirements:

• contains no old growth fiber
• is one hundred percent (100%) recyclable overall and contains a minimum of forty percent (40%) post-consumer recycled material
• is capable of composting, consistent with the timeline and specifications of the ASTM International (formerly American Society for Testing and Materials) D6400 Standard Specification for Compostable Plastics
• is accepted for recycling in curbside programs in the county
• has printed on the bag the name of the manufacturer, the location (country) where the bag was manufactured, and the percentage of post-consumer recycled material used
• displays the word “Recyclable” in a highly visible manner on the outside of the bag 

Post-consumer recycled material -- a material that would otherwise be destined for solid waste disposal, having completed its intended end use and product life cycle. This does not include materials and by-products generated from, and commonly reused within, an original manufacturing and fabrication process. 

Reusable bag -- a bag with handles that is specifically designed and manufactured for multiple reuse and meets all of the following requirements:

• has a minimum lifetime of 125 uses which, for purposes of this definition, means the capability of carrying a minimum of 22 pounds 125 times over a distance of at least 175 feet
• has a minimum volume of 15 liters
• is machine washable or is made from a material that can be cleaned or disinfected
• does not contain lead, cadmium, or any other heavy metal in toxic amounts
• has printed on the bag, or on a tag that is permanently affixed to the bag, the name of the manufacturer, the country where the bag was manufactured, a statement that the bag does not contain lead, cadmium, or any other heavy metal in toxic amounts, and the percentage of post-consumer recycled material used, if any
• if made of plastic, is a minimum of at least 2.25 mils thick