According to a press release from Los Angeles County Supervisor Gloria Molina, legal action filed by a plastics manufacturer against the county’s plastic bag ban has been dismissed.
The lawsuit filed by a group that included South Carolina plastic-manufacturer Hilex-Poly argued that the bag ban violates state Proposition 26—a proposition which prevents a tax from being disguised as a fee. The county’s ban includes a 10 cent fee on brown paper bags, which was contended as tax in the lawsuit.
But last week, an L.A. County superior court judge ruled against the claim, upholding the ban that came into effect on July 1st.
In her Press Release, Molina views the ruling as a victory for Los Angeles County, and explained that the ban’s fee was not meant to be a means to collect addition revenue.
“At issue was the fundamental legality of Los Angeles County’s plastic bag ordinance, and I am very pleased Judge Chalfant decided in our favor. The purpose of the ten-cent charge was to incentivize consumers to shop with more environmental awareness while preventing merchants from having to take on yet another financial burden – particularly during rough economic times. We did not want to generate funds for the county – nor did we want to surreptitiously supplement the county’s coffers,” wrote Molina.
This ban largely affects larger grocery stores like Super King, major grocery store chains like Ralphs, and in January the ban was expanded to smaller stores as well. With the court ruling in favor of the ban and fee, the only way for consumers to avoid charges is to carry their groceries with reusable bags.
If you have any questions about this ban or any other bag legislation around the country, feel free to call us at 1-888-429-5673. Our bag specialists are qualified to explain how this ban affects you, and help you find bags that are in compliance with your local legislation.
Sources: Montrose Patch
For the full story, visit http://montrose.patch.com/articles/countys-plastic-bag-ban-upheld-in-court-ruling#photo-3294918