The following words shall, unless the context clearly requires otherwise, have the following meanings:
DIRECTOR The Commissioner of Health and Human Services or their designee.
ASTM D6400 The American Society for Testing and Materials (ASTM) International Standard Specification for Compostable Plastics.
ASTM D7081 ASTM International Standard Specification for Biodegradable Plastics in the Marine Environment.
CHECKOUT BAG A carryout bag provided by a store to a customer at the point of sale. Checkout bags shall not include:
A. Bags, whether plastic or not, in which loose produce or products are placed by the consumer or manufacturer to deliver such items to the point of sale or checkout area of the store; or
B. Laundry or dry-cleaner bags; or
D. Bags to contain or wrap produce, frozen foods, meat or fish, whether prepackaged or not, to prevent or contain moisture.
E. A nonplastic bag without handles in which prepared food is placed.
F. A bag provided by a pharmacy to a costumer purchasing a prescription medication.
COMPOSTABLE PLASTIC BAG A plastic bag that:
A. Conforms to the current ASTM D6400 for compostability;
B. A certified and labeled as meeting the ASTM D6400 standard specification by a recognized verification entity; and
C. Conforms to any other standards deemed acceptable by this section.
DEPARTMENT The City's Department of Health and Human Services.
MARINE-DEGRADABLE PLASTIC BAG A plastic bag that conforms to the current ASTM D7081 standard specification for marine degradability; and conforms to any other standards deemed acceptable by the Department, provided additional Department-approved standards are as stringent as ASTM D7081.
RECYCLABLE PAPER BAG A paper bag that is:
A. 100% recyclable, including the handles;
B. Contains at least 40% post-consumer recycled paper content; and
C. Displays the words "recyclable" in a visible manner on the outside of the bag.
RETAIL ESTABLISHMENT Any retail space located in the City including, without limitation, a restaurant, food or ice cream truck, convenience store, retail pharmacy, or supermarket.
REUSABLE CHECKOUT BAG A sewn bag with stitched handles that:
A. Can carry 25 pounds over a distance of 300 feet;
B. Either:
(1) Made of cloth or other machine-washable fabric; or
(2) Made of plastic other than polyethylene (HDPE, LDPE, PETE, etc.) or polyvinyl chloride that is durable, nontoxic, and generally considered a food-grade material that is more than four mils thick.
All of the requirements set forth in this chapter shall take effect June 1, 2020, for retail establishments 10,000 square feet and greater and December 1, 2020, for retail establishments less than 10,000 square feet.
It is the intention of the City Council that each separate provision of this chapter shall be deemed independent of all other provisions herein, and it is further the intention of the City Council that if any provision of this chapter be declared to be invalid by a court of competent jurisdiction, the remaining provisions of this chapter shall remain valid and enforceable.
The City Council's Committee on Sustainability and Environment shall review this chapter 12 months from initial implementation.