For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BIODEGRADABLE BAGS. Although no standard for “biodegradable” currently exists, bags labeled as biodegradable or degradable may not be used unless an internationally recognized, scientifically-based standard for biodegradability is developed, and the bags are certified as meeting the standard by an independent and knowledgeable third party, based on standardized test procedures conducted by independent laboratories.
CHAIN STORES. Groups of retail stores engaged in the same general field of business that operate under the same ownership or management.
COMPOSTABLE BAGS. Must meet all the specifications in ASTM Standard Specifications for Compostable Plastics D6400, or meet all specifications in ASTM Standard Specification Non-Floating Biodegradable Plastics in the marine Environment D7081, based on standardized test procedures conducted by an independent laboratory.
PLASTIC CHECKOUT BAG. A single use lightweight plastic bag with a maximum of 2.40 mils in thickness that is provided to a customer at the point of sale. The term PLASTIC CHECKOUT BAG does not include plastic produce bags or plastic bags measuring 28" by 36" or larger in size.
PLASTIC PRODUCE BAG. A clear bag made of ultra thin plastic materials with a single opening that is used to transport produce, meats, fish or other items selected by customers from interior sections of the retail establishment to the point of sale.
RETAIL SALE. The transfer to a customer of goods in exchange for payment occurring in retail establishments. The term RETAIL SALES does not include sales of goods at yard sales, tag sales, other sales by residents at their home, sidewalk sales and sales by non-profit organizations.
RECYCLABLE PAPER BAG. Any paper bag that is capable of being recycled. Paper bags are acceptable for use in Chestertown.
RETAIL ESTABLISHMENT. Any commercial business facility that sells goods directly to the ultimate consumer including but not limited to grocery stores, pharmacies, liquor stores, “mini-marts,” and retail stores and vendors selling clothing, food and personal items.
REUSABLE BAG. A bag that is specifically designed and manufactured for multiple reuse and is (1) made of cloth or other fabric, and/or (2) made of durable plastic that is at least 2.25 mils thick.
SMALL BUSINESS. A business that is privately owned and operated, with no more than 12 employees.
(Ord. 01-2011, passed 4-4-2011)