California Court: 10 Cent Charge for Recyclable Paper Bag is Not a Tax

Los Angeles County Board of Supervisors ordinance No. 2010-0059, enacted November 23, 2010, prohibits retailers from giving out plastic bags; however, the may provide recyclable paper carryout bags for which they must make a 10 cent charge. A group sued claiming this is a tax. Held: Because the 10 Cent charge is kept by the retailers, it is not a tax.
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Robin Mashal
Los Angeles, California
Commercial Litigation
(310) 286-2000

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I am a litigation lawyer, licensed to practice law in the State of California. You can reach me by phone at (310) 286-2000.