For the purpose of this article, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
- BUSINESS or STORE
- Any retail establishment that engages in the retail sale of goods and products. This definition includes, but is not limited to pharmacies, supermarkets, grocery stores, convenience stores, clothing stores, liquor stores, food marts, bars and food service establishments that provide carry-out plastic bags to consumers in which to place items purchased at such an establishment.
- FOOD SERVICE ESTABLISHMENT
- Any establishment which serves made to order food or beverages for dine-in, take-out or delivery.
- GOODS AND PRODUCTS
- Things and items that are prepared and made to be sold, including, but not limited to, clothing, groceries, prepared food, foodstuffs, meat, dairy, merchandise, books, jewelry, alcohol, tobacco products, toys and beverages and any all other things and items sold at retail by businesses and stores.
- PRODUCE BAG OR PRODUCT BAG
- Any bag without handles that is used exclusively to segregate produce, meat, other food items and merchandise to the point of sale inside a store or to prevent such items from coming into direct contact with other purchased items, where such contact could damage or contaminate other food or merchandise when placed together in a reusable or recycled bag or a bag used to hold prescription medication dispensed from a pharmacy.
- RECYCLED PAPER BAG
- A paper carry-out bag provided by a business or street vendor to a customer at the point of sale that meets all of the following requirements:
- A. Except as provided in Subsection B below of this definition, the paper carry-out bag shall contain a minimum of 50% recycled, with at least 40% postconsumer content, materials.
- B. An eight-pound or smaller recycled paper bag shall contain a minimum of 20% postconsumer recycled material.
- C. Printed on the paper carry-out bag is the minimum percentage of postconsumer content.
- The sale of goods and product for use and/or consumption.
- REUSABLE BAG
- A bag that is designed and manufactured to withstand repeated uses over a period of time, is machine washable or made from a material that can be cleaned and disinfected regularly, is at least 2.25 mils thick if made from plastic, has a minimum lifetime of 75 uses, and is capable of carrying a minimum of 15 pounds.
- SINGLE-USE PLASTIC CARRY-OUT BAG
- A bag, sheet or receptacle produced or manufactured from material more commonly known as plastic or polyethylene provided at the check-out stand, cash register, point of sale or other point of departure for the purpose of transporting goods or products out of the establishment. The term single use plastic carry-out bag does not include reusable bags, produce bags or product bags.
- STREET VENDOR
- Any person or business peddling, vending, selling or displaying for sale on a seasonal or one-time basis any merchandise or food that is presented from a mobile setting including a vehicle, cart, tent, table or stand. This includes all businesses at farmers markets, street festivals and other events requiring group or special event permits as described in the Code of the Borough of the Atlantic Highlands, including but not limited to Chapter 245.
No store, business or street vendor in the Borough of Atlantic Highlands shall provide any single-use plastic carry-out bags to a customer at the point of sale unless otherwise permitted in this chapter.
All stores, businesses and street vendors shall provide or make available to a customer only recyclable paper carry-out bags or reusable bags for the purpose of carrying away goods or other materials from the point of sale, subject to the terms of this chapter. Nothing in this chapter shall prohibit customers from using bags of any type that they bring to the store themselves or from carrying away goods that are not placed in a bag, in lieu of using bags provided by the store.
Each store, business and street vendor is strongly encouraged to educate its staff to promote reusable bags and to post signs encouraging customers to use reusable bags.
A single-use carry-out bag does not include any of the following:
A bag (produce bag or product bag) to hold prescription medication dispensed from a pharmacy;
A nonhandled bag (produce bag or product bag) used to protect a purchased item from damaging or contaminating other purchased items when placed in a recycled paper bag or a reusable bag;
A bag (produce bag or product bag) provided to contain an unwrapped food item;
A nonhandled bag that is designed to be placed over articles of clothing on a hanger;
Bags used for holding and transporting ice; and
Bags used for the purpose of containing fish or fishing bait.