CHAPTER 9
DISPOSABLE BAG REDUCTION
ARTICLE 1. DEFINITIONS
SECTION:
§4514 DEFINITIONS
For the purpose of this chapter, the following definitions shall apply to the capitalized terms, unless the context clearly indicates or requires a different meaning.
Customer: Any person obtaining goods from a Store.
Effective Date: The date the ordinance codified in this chapter first becomes effective, not the date it first applies to a class of Stores pursuant to section 4516 of this code.
Prepared Food: Foods or beverages which are prepared on the premises by cooking, chopping, slicing, mixing, freezing, or squeezing, and which require no further preparation to be consumed. Prepared Food does not include any raw, uncooked meat product or fruits or vegetables which are chopped, squeezed, or mixed.
Public Eating Establishment: A restaurant, take-out food establishment, a take-out food department in a Store or any other business that receives ninety percent (90%) or more of its revenue from the sale of Prepared Food and beverages, including alcoholic beverages, to be eaten on or off its premises.
Postconsumer Recycled Content: A material that would otherwise be destined for solid waste disposal, having completed its intended end use and product life cycle. Postconsumer Recycled Content does not include materials and byproducts generated from, and commonly reused within, an original manufacturing and fabrication process.
Recycled-Content Paper Bag: A paper carryout bag provided by a Store to a Customer at the point of purchase that meets all of the following requirements:
A. Contains a minimum of forty percent (40%) Postconsumer Recycled Content, except a three hundred fifty (350) cubic inch or smaller recycled-content paper bag shall contain a minimum of twenty percent (20%) Postconsumer Recycled Content.
B. Is accepted for recycling in the curbside waste collection program of the City.
C. Has printed on the bag the name of the manufacturer and the minimum percentage of Postconsumer Recycled Content.
Reusable Carryout Bag: A bag with handles that is specifically designed and manufactured for multiple reuse, and which has been certified by the manufacturer not to contain lead or cadmium, or any other heavy metal in toxic amounts as established by the United States Pharmacopeia Convention (USP), and is either:
A. Made of cloth or other machine washable fabric; or
B. Made of durable plastic that is at least two and one-quarter (2.25) mils thick and is specifically designed and manufactured to carry a minimum of twenty-two (22) pounds for at least one hundred twenty-five (125) times over a distance of at least one hundred seventy-five feet (175').
Single-Use Carryout Bag: 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 (A) a bag provided by a pharmacy licensed pursuant to Chapter 9 (commencing with Section 4000) of Division 2 of the Cal. Business and Professions Code to a Customer purchasing a prescription medication; (B) a bag used by Customers before the point of purchase to (1) package bulk items, such as fruit, vegetables, nuts, grains, candy or small hardware items; (2) contain or wrap frozen foods, meat, or fish, whether prepackaged or not; (3) contain or wrap flowers, potted plants, or other items where dampness may be a problem; (4) contain unwrapped prepared foods or bakery goods; or (5) separate or protect individual items prior to placing them in a carryout bag; or (C) a newspaper bag, door-hanger bag, laundry-cleaning bag, or bag sold in a multiple package of bags intended for use as garbage, pet waste, or yard waste bags.
Store: A retail establishment that routinely provides carryout bags to Customers at the point of sale for items purchased there and which sells perishable or nonperishable goods. (Ord. 1135, §2, adopted 2012; Ord. 1147, §1, adopted 2014)