For the purposes of this chapter, the following definitions apply:
A. “Single-use carryout bag” means a bag made of plastic, paper, or other material that is provided by a store to a customer at the point of sale and that is not a reusable bag, as defined in this section. Single-use carryout bag does not include a bag without handles provided to a customer to:
1. Transport prepared food, produce, bulk food or meat from a department within a store to the point of sale;
2. Hold prescription medication dispensed from a pharmacy; or
3. Segregate food or merchandise that could damage or contaminate other food or merchandise when placed together in a reusable bag or recyclable paper bag.
B. “Recyclable paper bag” means a single-use paper bag provided by a store to a customer at the point of sale that contains a minimum of 40% post-consumer recycled content and is 100% recyclable, except that an eight pound or smaller paper bag shall contain a minimum of 20% post-consumer recycled content.
C. “Reusable bag” is a bag with handles that is specifically designed and manufactured for multiple reuse and that meets the following requirements:
1. It is made of cloth or another material that is machine washable or can be cleaned and disinfected;
2. If it is made of plastic, it is a minimum of 2.25 mils thick; and
3. It meets lead and other heavy metal safety requirements as specified for packaging under the Toxics in Packaging Law found at California Health & Safety Code Section 25214.11 et seq.
D. “Store” means a retail establishment that meets any of the following:
1. It is a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000) or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items;
2. It has over 10,000 square feet of retail space that generates sales or use tax pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law (commencing at Section 7200 of the California Revenue and Taxation Code) and has a pharmacy licensed pursuant to the Pharmacy Law (commencing at Section 4000 of the California Business & Professions Code); or
3. Is a convenience food store, foodmart, or other entity engaged in the retail sale of a limited line of goods that generally includes milk, bread, soda and snack foods, and which has a Type 20 or 21 license issued by the Department of Alcoholic Beverage Control.
(Ord. 2448)