Attention Homer Retailers: The Single Use Plastic Bag Ban Resumes Jan 1, 2021

Homer retailers and shoppers!  Voters approved ballot Proposition 1 in the 2019 General Election which banned the use of single-use plastic bags by retailers at checkout. 

The ban was temporarily lifted in 2020 due to the COVID-19 pandemic, but will resume on January 1, 2021.

The single use plastic bag ban approved by voters specifically regulates thin plastic carryout bags (bags less than 2.5 mils thick) distributed to customers at check-out, or the point of sale.  The ban affects all retail businesses within the City of Homer, including grocery stores, convenience stores, general merchandise and liquor stores, restaurants, and temporary retailers such as farmers market and fair vendors.

Questions?  Contact Travis in the City of Homer Planning Department at planning@ci.homer.ak.us or 235-3106.

Homer businesses! Since the ban, the City has worked with sellers to help make a smooth transition.  At the bottom of this story, you'll find downloadable outreach materials about the plastic bag ban (fliers, tent cards and social media posts) to help you inform customers of the reinstated change.  Feel free to print them for your use, or contact planning@ci.homer.ak.us to request printed materials.  

To help sellers fully understand the new legislation, please see the Frequently Asked Questions below.  If you have further questions, feel free to get in contact with the City's Planning Department at 235-3106.

Frequently Asked Questions for Retailers

When does the single-use plastic bag ban ordinance go back into effect?
January 1, 2021

What exactly is a single-use plastic bag?
A single-use plastic shopping bag is a bag made from plastic that is neither intended nor suitable for continuous reuse and that is less than 2.5 mils thick.

What type of bags am I allowed to distribute at check out if I can no longer use single-use plastic bags?
Paper bags
Reusable cloth bags
Durable plastic bags at least 2. 5 mil thick and designed for multiple reuse
Biodegradable or compostable bags under 2. 5 mils thick are also allowed.

Can I distribute biodegradable bags? 

Only plastic bags that are labeled that they meet either the American Society of Testing Materials (ASTM) D6400, European Standard EN13423, or Australian Standard AS4736:2006 for compostable plastics are allowed.  Plastic bags carrying this label meet a certified, industry standard for plastics that are biodegradable and compostable in commercial composting facilities.

Plastic bags under 2.5 mils thick that do not meet one of these standards are NOT allowed.  Many bags available to retailers are labeled "biodegradable", but they are primarily or partially composed of plastic and do not meet a qualified standard for completely breaking down in a natural or typical landfill environment.  They therefore still contribute to environmental problems similarly to other single-use plastic carry-out bags.  

Which retailers are affected?
The ban applies to all retail or commercial vendors located in the City that sells goods directly to consumers (“seller”, as defined in Kenai Peninsula Borough Code 5.18.900). https://librarystage.municode.com/ak/kenai_peninsula_borough/codes/code_of_ordinances?nodeId=TIT5REFI_CH5.18SATA_5.18.640ENISREEXCARIPE. This includes grocery stores, general merchandise and gift stores, liquor stores, pharmacies and restaurants.  It also applies to temporary retailers and vendors at places like farmers markets and fairs within City limits.

My business is a restaurant. Is it considered a seller?​
Yes. A retail seller is any commercial business located within the municipality that “sells goods or prepared food directly to final consumers.” If you currently provide single-use bags for takeout food, you will no longer be able to use single-use plastic bags.

Who is exempt from the ban?
Everyone is encouraged to discontinue use of single-use shopping bags.  However, non-retailers, such as food distribution nonprofits, are allowed to distribute plastic bags.  The ban does not apply to the sale of goods at yard sales, tag sales or other sales by residents at their home.

Are all plastic bags banned or are there exceptions?
Not all plastic bags are banned.  Sellers can use plastic carryout bags that are 2.5 mils or thicker. The prohibition also does NOT apply to a plastic bag that is:

• Used by customers inside stores to contain bulk foods and products (like fruits, nuts, vegetables, bakery goods, bulk nails, screw, nuts and bolts, etc.) that do not have other packaging.
• Used to contain dampness or leaks from items such as frozen foods, meat or fish, flowers or potted plants;
• Provided by a pharmacist for the sole purpose of containing prescription drugs;
• Used only to contain a newspaper, laundry, or dry cleaning;
• Packaged plastic bags intended for consumer use off the retail seller’s premises, such as for the collection and disposal of garbage, pet waste, or dog waste.

How can I tell my customers about this change?
The City of Homer has developed some print and digital social media materials to help inform customers about this change. Businesses are welcome to use these materials, but you are not required to do so. Feel free to download and publish the Plastic Bag Ban-Bring Your Own Bag outreach materials (attached at the bottom of this web article). If you'd like already printed copies of the materials, please contact the Planning Department at planning@ci.homer.ak.us or 907-235-3106 with your request.

Can I charge customers for any paper or reusable bags I provide to my customers? 
Yes.  Stores may choose to offer paper bags instead of plastic, or to offer consumers reusable bags.  The choice to charge customers is up to the individual business.  It is not something addressed in the Ordinance.

Are there penalties for violations?
Yes.  The City will work with business owners and the public to achieve voluntary compliance, and to help make the transition smooth.  The Ordinance specifies a $50 per day fine for violations.