Oregon House Bill 2509 (2019) created a statewide ban on single-use plastic checkout bags at all retail stores and restaurants, effective January 1, 2020. Retailers must charge at least 5 cents for paper bags, reusable plastic bags (4+ mils thick), or reusable fabric bags. Restaurants may give paper bags free but must charge 5 cents for reusable plastic bags. Portland previously had its own ban (PCC 17.103.200) which is now aligned with the state law.
Oregon HB 2509 (2019 Regular Session, Chapter 685), known as the Sustainable Shopping Initiative, took effect January 1, 2020 and prohibits retail establishments and restaurants statewide from providing single-use plastic checkout bags to customers. 'Single-use plastic checkout bag' means a bag made of plastic film less than 4 mils thick provided at the point of sale. Retailers must charge a minimum of 5 cents for each: (a) recycled paper checkout bag containing at least 40 percent post-consumer recycled content, (b) reusable plastic checkout bag (4 mils or thicker), or (c) reusable fabric checkout bag. The 5-cent fee is retained by the retailer (not remitted to the state). Restaurants may provide paper bags at no charge, but they cannot give away reusable plastic bags -- the 5-cent minimum applies. WIC and SNAP/EBT customers are exempt from the bag fee (retailers must provide a recycled paper or reusable plastic bag for free). Produce bags, meat/fish bags, bulk-item bags, newspaper bags, dry-cleaning bags, and door-hanger bags are exempt from the ban. Penalties: violation is a Class D violation under ORS 459A, with a maximum fine of $250 per offense. Portland's prior city ordinance (PCC 17.103.200) remains on the books and is harmonized with the state law; for any conflict, the more stringent rule applies. The Oregon DEQ provides retailer guidance.
A Portland retail store or restaurant that provides single-use plastic checkout bags violates HB 2509 (codified at ORS 459A.687-689) and PCC 17.103.200. It is a Class D violation with a maximum $250 fine per occurrence, enforced by local law enforcement officers and the Oregon DEQ. Failing to charge the 5-cent minimum for paper or reusable bags is the same violation.
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