For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"Customer"means any person obtaining goods from a store.
"Post consumer recycled content"means material that would otherwise be destined for solid waste disposal having completed its intended end use and product lifecycle. Post consumer recycled content does not include materials and byproducts generated from and commonly reused within, an original manufacturing and fabrication process.
"Recycled-content paper bag"means a paper carryout bag provided by a store to a customer at the point of purchase that meets all of the following requirements:
(1) Contains a minimum of 40 percent post consumer recycled content, except a 350 cubic inch or smaller recycled-content paper bag shall contain a minimum of 20 percent post consumer recycled content.
(2) Is accepted for recycling in the curbside program of the city.
(3) Has printed on the bag the name of the manufacturer and the minimum percentage of post consumer content.
"Reusable carryout bag"means a bag with handles that is specifically designed and manufactured for multiple reuse, does not contain lead, cadmium, or any other heavy metal in toxic amounts as established by the United States Pharmacopeia Convention (USP), and is either:
(1) Made of cloth or other machine washable fabric; or
(2) Made of durable plastic that is at least 2.25 mils thick and specifically designed for multiple reuse, meaning manufactured to carry a minimum of 22 pounds for at least 125 times over a distance of at least 175 feet.
"Single-use carryout bag"means a bag made of plastic, paper, or other material, that is provided by a store to a customer at the point of purchase and that is not a reusable carryout bag. A single-use carryout bag does not include: (1) a bag provided by a pharmacy licensed pursuant to Chapter 9 (commencing with Section 4000) of Division 2 of the California
Business and Professions Code to a customer purchasing a prescription medication; (2) a bag used by customers before the point of purchase to: (a) package bulk items, such as fruit, vegetables, nuts, grains, candy or small hardware items, (b) contain or wrap frozen foods, meat, or fish, whether prepackaged or not, (c) contain or wrap flowers, potted plants, or other items where dampness may be a problem, (d) contain unwrapped prepared foods or bakery goods, or (e) separate or protect individual items prior to placing them in a carryout bag; or (3) a newspaper bag, door-hanger bag, laundry-cleaning bag, or bags sold in a multiple package of bags intended for use as garbage, pet waste, or yard waste bags.
"Store"means a retail establishment, other than a certified farmers' market, that sells perishable or nonperishable goods, licensed to do business in the city and includes a restaurant or any other business that receives 90 percent or more of its revenue from the sale of prepared food, including alcoholic beverages, to be eaten on or off its premises.
(Ord. 220 § 1, 2014.)