AB 161 (Ting)—“Skip the Slip” paper receipts on request

Overview: AB 161 would allow a business to provide a paper receipt to a customer only upon the customer’s request and would prohibit the paper receipts from containing certain chemicals or nonessential items, as specified.

CAW Position: Support

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Status: Active in Assembly Appropriations Committee

In Context: With the increasing adoption of e-receipts, paper receipts have become unnecessary and antiquated. Yet many businesses are still providing paper receipts, generating millions of pounds in waste every year and consuming valuable resources. Reducing the number of paper receipts that are printed through AB 161 will not only vastly cut down the amount of waste that we produce, it will also save thousands of trees and gallons of water each year

Point-of-sale receipts in California are generally printed on white thermal paper, which is very thin, lightweight paper coated with a material that changes color when heated. Generally, this coating contains either Bisphenol A (BPA) or Bisphenol S (BPS). According to the American Forest and Paper Association (AFPA), receipt paper used in California uses BPS almost exclusively. Because thermal paper is so thin, it generally contains no recycled content. According to the United States Environmental Protection Agency (US EPA), exposure to BPA [and BPS] may occur during manufacture and use ofthermal paper and at its end-of-life (i.e., recycling, composting, landfilling, or incineration). In one 2010 study, BPA was detected at levels between 0.8 percent and 2.8 percent of the total weight of the receipts tested. Bisphenols are endocrine disrupters that are associated with possible cancer and reproductive risks. While paper is 17% of the state’s disposed waste stream, receipts make up a small percentage of the total paper disposed in California. Estimates vary on the amount of receipt paper used in the US. According to the AFPA, the US annually uses approximately 180,000 tons of paper receipts. Grand View Research, which provides market information, estimates that 282,500 tons of thermal paper is used in the US each year for receipts.

Bill Summary: Among other things, AB 161:

  • Require a business, as defined, that accepts payment through cash, credit, or debit transactions, subject to certain exceptions, to provide a proof of purchase to a consumer only at the consumer’s option.

  • Prohibit a business from printing a paper proof of purchase if the consumer opts to not receive a proof of purchase, unless otherwise required by state or federal law.

  • Prohibit a paper proof of purchase provided to a consumer by a business from containing BPA or BPS and from including items not essential to the transaction, including, but not limited to, coupons or advertisements.

  • Specify that the first and second violations of any of those provisions would result in a notice of violation and any subsequent violation would be punishable by a civil penalty of $25 for each day the business is in violation, but not to exceed an annual total of $300.

  • Allow the Attorney General, a district attorney, or a city attorney to enforce the provisions of this measure.  Delay the operative date of AB 161 to January 1, 2022.

Current language, analysis, and votes

Supporters: For a full list of supporters, please see the Senate E.Q. analysis here.

CAW Staff Contact: Nick Lapis, (916)443-5422