As used in this chapter, the following terms shall have the meanings indicated:
CUSTOMERAny person purchasing goods or services from a retail establishment.
EFFECTIVE DATEThe effective date of the ordinance that added this chapter to the Borough's Code of Ordinances.
EXEMPTED BAGA. A bag used inside a retail establishment by a customer to deliver perishable items to the point-of-sale at that establishment.
B. Shall include:
(1) A bag used to package bulk items such as fruit, vegetables, nuts, grains, or candy.
(2) A bag used to contain or wrap meats or fish; to contain unwrapped prepared foods or bakery goods.
(3) A bag used solely to contain live animals, such as fish or insects, sold in a pet store.
(4) A bag sold in packaging containing multiple bags and packaged at the time of manufacture of the bag.
(5) A bag used for newspaper delivery.
EXPANDED POLYSTYRENEBlown polystyrene and expanded and extruded foams that are thermoplastic petrochemical materials utilizing a styrene monomer and processed by a number of techniques, including but not limited to: fusion of polymer spheres, known as expandable bead 20 polystyrene; injection molding; foam molding; and extrusion-blow molding, also including Styrofoam, also known as extruded foam polystyrene.
EXPANDED POLYSTYRENE FOOD SERVICE PRODUCTA. A product made of expanded polystyrene that is used for selling, providing, or transporting food or beverages.
B. Shall include:
(3) Hot and cold beverage cups.
C. Shall not include:
(1) Food or beverages that have been packaged in expanded polystyrene outside the Borough before receipt by a food service establishment or store.
(2) A product made of expanded polystyrene that is used to package raw, uncooked, or butchered meat, fish, poultry, or seafood.
(3) Non-foam polystyrene food service products.
PLASTICA synthetic material made from linking monomers through a chemical reaction to create a polymer chain that can be molded or extruded at high heat into various solid forms that retain their defined shapes during their life cycle and after disposal, including material derived from either petrochemicals or a biologically based polymer, such as corn or other plant sources.
RECYCLABLE PAPER BAGA paper bag that meets the following, but not including an exempted bag:
B. Contains no old-growth fiber;
C. Contains a minimum of 40% post-consumer recycled content; and
D. Displays the word "Recyclable" in a highly visible area on the outside of the bag, and is labeled in a highly visible manner with the name of the manufacturer and the percentage of post-consumer recycled content of the bag in an easy-to-read font size.
RETAIL ESTABLISHMENTA location where food or other products are offered to the public for direct sale or delivery to a customer, including but not limited to the following: supermarket, convenience store, service station, delicatessen, department store, dollar store, clothing store, restaurant, pharmacy, food truck, farmers' market or delivery service, but not including dry cleaners.
REUSABLE BAGA carryout bag that is designed and manufactured for multiple uses and is:
A. Made of cloth or other machine-washable fabric that has stitched handles; or
B. A polypropylene bag that has stitched handles.
SINGLE-USE PLASTIC STRAWA. A straw sold or distributed for the purpose or intent of transferring a beverage from its container to the mouth of the drinker by suction, which is made of plastic and which is primarily intended for a single use. The term shall also include a stirrer, a device used to mix beverages, intended for a single use, and made from plastic.
B. The term "single-use plastic straw" shall not include straws provided under any of the following circumstances:
(1) When provided with a beverage on private property used as a residence;
(2) When provided by a state, federal or local government agency;
(3) When packaged with beverages prepared and packaged outside of the Borough, provided such beverages are not altered, packaged, or repackaged within the Borough;
(4) When provided as an assistance device to reasonably accommodate a disability.
SINGLE-USE PLASTIC UTENSILA. Any item used or provided by a retail establishment to serve, consume, or manipulate food or beverages that is primarily made from plastic, other than a single-use plastic straw.
B. Includes, but is not limited to, forks, spoons, sporks, knives, chopsticks, drink stirrers, beverage spill plugs, toothpicks, novelty cocktail accessories, and other drink or food accoutrements.
C. Shall not include utensils provided under the following circumstances:
(1) When packaged with beverages prepared and packaged outside of the Borough, provided such beverages are not altered, packaged or repackaged within the Borough.
(2) When provided as an assistive device to reasonably accommodate a disability.