"Carryout bag"
means any bag that is provided by a retail establishment
at the point of sale to a customer for use to transport or carry away
purchases, such as merchandise, goods, or food, from the retail establishment.
Carryout bags do not include product bags as defined in this chapter.
"Grocery store"
means any retail establishment that sells groceries, fresh,
packaged, canned, dry, prepared or frozen food or beverage products
and similar items, and includes, without limitation, supermarkets,
convenience stores, liquor stores and gasoline station stores.
"Pharmacy"
means any retail establishment, where prescriptions, medications,
controlled or over the counter drugs, personal care products or health
supplement goods or vitamins are sold, but excluding any licensed
pharmacy located within a hospital.
"Product bag"
means any bag provided to a customer for use within a retail
establishment to assist in the collection or transport of products
to the point of sale within the retail establishment, or to protect
a purchased item from damaging or contaminating other purchased items
when placed together in a recycled paper bag or reusable bag.
"Recycled paper bag"
means a paper carryout bag provided by a store to a customer
at the point of sale for the purpose of transporting food and merchandise
out of the grocery store and that meets the following standards: contains
no old-growth fiber and a minimum of forty percent post-consumer recycled
content; is one hundred percent recyclable; and has printed in a highly
visible manner on the outside of the bag the words "reusable" and
"recyclable," the name of the and location of the (country) of the
manufacturer, and the percentage of post-consumer recycled content.
"Recycled paper bag cost pass-through"
means the cost that this chapter requires grocery stores
and pharmacies to collect from their customers whenever a paper bag
is provided to a customer.
"Retail establishment"
means any person, including a corporation, partnership, business,
facility, vendor, organization or individual, that sells or provides
merchandise, goods or materials, including, without limitation, clothing,
food, or personal item of any kind, directly to a consumer. Retail
establishment includes, without limitation, any grocery store, department
store, hardware store, pharmacy, liquor store, convenience store,
outdoor farmers' market, and any other retail store or vendor. Retail
establishment does not include restaurants, catering trucks, mobile
food trucks, and other similar food establishments.
"Reusable bag"
means a bag with handles that is specially designed and manufactured
for reuse and meets all of the following requirements:
(1)
Minimum lifetime of one hundred twenty-five uses and the capability
of carrying a minimum of twenty-two pounds one hundred twenty-five
times over a distance of at least one hundred and seventy-five feet;
(2)
Minimum volume of fifteen liters;
(3)
Machine washable or made from a material that can be cleaned
or disinfected;
(4)
Does not contain lead, cadmium, or any other heavy metal in
toxic amounts, as defined by applicable state and federal standards
and regulations for packaging or reusable bags;
(5)
Printed on the bag or tag: the name of the manufacturer; location
where the bag is manufactured; statement bag does not contain lead,
cadmium, or any other heavy metal in toxic amounts; and the percentage
of post-consumer recycle material used, if any; and
(6)
If made of plastic, is a minimum of at least two and twenty-five
hundredths mil thick.
"Single-use, plastic carryout bag"
means any bag less than two and twenty-five hundredths mil
thick and made predominately of plastic derived from petroleum or
bio-based sources, such as corn or other plant source, and includes
compostable, non-compostable, and biodegradable plastic bags.
(Ord. 1561 § 2, 2012)
Nothing in this chapter is intended to or shall be interpreted
as conflicting with any federal or state law or regulation.
(Ord. 1561 § 2, 2012)