As used in this chapter, the following
terms shall have the meanings indicated:
CUSTOMER
Any person purchasing goods or services from a retail establishment.
OPERATOR
Any person in control of, or having the responsibility for,
the operation of a retail establishment, which may include, but is
not limited to, the owner of the retail establishment.
PERSON
Any natural person, firm, corporation, partnership, or other
organization or group however organized.
REUSABLE BAG
A durable carry-out bag with stitched handles for reinforcement
made from any natural or synthetic material other than plastic film
including, but not necessarily limited to, woven or nonwoven plastic
or cloth, that is at least 10 mils thick, and that is specifically
designed and manufactured for multiple reuse, and that is washable
or is made from a material that can be cleaned or disinfected regularly.
SINGLE-USE PLASTIC CARRY-OUT BAG
Any bag made predominantly of plastic that is not made or
intended for reuse that is provided by an operator of a retail establishment
to a customer at the point of sale. This definition specifically exempts
the following from the category of "single-use plastic carry-out bag":
A.
Bags provided by operators and used
by consumers inside retail establishments 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;
(4)
Contain live animals, such as fish
or insects sold in pet stores;
(5)
Contain unwrapped prepared foods
or bakery goods;
(6)
Contain pharmacy prescriptions or
medicines; or
(7)
Function as "produce bags" or "product
bags," which shall mean bags used exclusively to carry produce, meats,
or other food items to the point of sale inside a retail establishment
or, for reasons of public health and safety, to prevent such food
items from coming into direct contact with other purchased items.
B.
Newspaper bags for home delivery,
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.