As used in this chapter, the following terms shall have the
meanings indicated:
CUSTOMER
Any person purchasing goods or services.
PERSON
Any natural person, firm, corporation, partnership, trust,
joint stock company, association, or other organization or group,
however organized.
PRODUCE BAG or PRODUCT BAG
A very thin bag without handles used exclusively to carry
produce, meats, or other items to the point of sale inside a retail
establishment or, for reasons of public health and safety, to prevent
such items from coming into direct contact with other purchased items:
A.
Produce bags are bags to:
(1)
Package bulk items, such as fruit, vegetables, nuts, grains,
candies, or small hardware items;
(2)
Contain or wrap frozen foods, meat, or fish, whether packaged
or not;
(3)
Contain or wrap flowers, potted plants, or other items where
dampness may be an issue; contain unwrapped prepared foods or bakery
goods; or
(4)
Pharmacy prescription bags.
B.
Product bags are newspaper bags, door-hanger bags, laundry and/or
dry-cleaning bags, or bags sold in packages containing multiple bags
intended for use as food storage bags, garbage bags, yard waste bags,
or pet waste bags.
RETAIL ESTABLISHMENT
Any store or commercial establishment that sells perishable
or nonperishable goods, including, but not limited to, clothing, food,
and personal items, directly to the customer and is located and/or
doing business within the geographical limits of Trenton. Retail establishments
include: a business establishment that generates a sales or use tax;
a drug store, pharmacy, supermarket, grocery store, convenience food
store, food mall, or other commercial entity engaged in the retail
sale of a limited line of goods that include milk, bread, soda, and
snack foods; a public eating establishment (i.e., a restaurant, take-out
food establishment, or any other business that prepares and sells
prepared food to be eaten on or off its premises); and a business
establishment that sells clothing, a hardware store, or any other
nonperishable goods. "Retail establishment" does not include nonprofit
charitable reusers as defined in Section 501(c)(3) of the Internal
Revenue Code, or a distinct operating unit or division of the charitable
organization that reuses and recycles donated goods or materials and
receives more than 50% of its revenues from the handling and sale
of those donated goods or materials.
REUSABLE BAG
Any sewn bag made of cloth or other washable fabric with
stitched handles that are specifically designed and manufactured for
multiple reuse and meets all of the following additional requirements:
A.
It is machine-washable or is made from a material that can be
cleaned or disinfected;
B.
It does not contain lead, cadmium, or any other heavy metal
in toxic amounts, as defined by applicable state and federal standards
and regulations; and
C.
It is affixed with a statement that the bag is a reusable bag,
as well as recycling instructions if the bag is recyclable.
SINGLE USE CARRY-OUT BAG
Any bag made predominantly of plastic derived from either
petroleum or a biologically based source, such as corn or plant sources,
that is provided by an operator of a retail establishment or retail
food vendor to a customer at the point of sale. The term includes
compostable and biodegradable bags but specifically exempts the following
from the category of single-use plastic carry-out bags: reusable bags,
produce bags, and product bags.