For the purposes of this article, the following definitions apply unless the context clearly indicates or requires a different meaning.
Business. Any commercial enterprise or establishment operating in the City and County of Honolulu, including an individual proprietorship, joint venture, partnership, corporation, limited liability company, or other legal entity, whether for profit or not for profit, and includes all employees of the business or any independent contractors associated with the business.
Compostable Plastic Bag. A checkout bag that is provided to a customer for the purpose of transporting groceries or other retail goods, that meets current ASTM D6400 Standard Specifications for compostability and that is labeled:
(1) With the Biodegradable Product Institute (“BPI”) logo as meeting the ASTM standard for compostability; and
(2) With “Compostable” on both sides of the bag in either green color lettering that is at least 1 inch in height, or as otherwise specified; or within a green color band that is at least 1 inch in height to be readily and easily identifiable.
Customer. A person who purchases merchandise from a business.
Department. The department of environmental services.
Director. The director of the department of environmental services or the director’s designee.
Mil. One thousandth of 1 inch.
Nonrecyclable Paper Bag. A paper bag that is not a recyclable paper bag.
Plastic. Any material made of fossil fuel-derived or petrochemical polymeric compounds and additives that can be shaped by flow.
Plastic Checkout Bag.
(1) A carryout bag that is provided by a business to a customer for the purpose of transporting groceries, prepared food, or other retail goods, and is made from plastic and not specifically designed and manufactured for long-term re-use; and
(2) This term does not include:
(A) Handle-less plastic bags used by customers inside a business to package loose items, such as bakery goods, fruits, vegetables, nuts, ground coffee, grains, candies, or small hardware items;
(B) Handle-less plastic bags used to contain or wrap frozen foods, meat, or fish, flowers or potted plants, or other items to contain dampness;
(C) Newspaper bags for home newspaper delivery;
(D) Laundry, dry cleaning, or garment bags;
(E) Bags sold in packages containing multiple bags intended for use as garbage, pet waste, or yard waste bags;
(F) Bags used to contain live animals, such as fish or insects sold in pet stores; or
(G) Bags used to transport chemical pesticides, drain-cleaning chemicals, or other caustic chemicals sold at the retail level; provided that this exemption shall be limited to one bag per customer.
Plastic Film Bag.
(1) A plastic bag made out of thin flexible sheets of plastic with a thickness of 10 mils or less; and
(2) This term does not include:
(A) Handle-less plastic bags used by customers inside a business to package loose items, such as bakery goods, fruits, vegetables, nuts, ground coffee, grains, candies, or small hardware items;
(B) Handle-less plastic bags used to contain or wrap frozen foods, meat or fish, flowers or potted plants, or other items to contain dampness;
(C) Newspaper bags for home newspaper delivery;
(D) Laundry, dry cleaning, or garment bags;
(E) Bags sold in packages containing multiple bags intended for use as garbage, pet waste, or yard waste bags;
(F) Bags used to contain live animals, such as fish or insects sold in pet stores; or
(G) Bags used to transport chemical pesticides, drain-cleaning chemicals, or other caustic chemicals sold at the retail level; provided that this exemption shall be limited to one bag per customer.
Recyclable paper bag. A paper bag that:
(1) Is 100 percent recyclable;
(2) Contains a minimum of 40 percent post-consumer recycled content; and
(3) Displays the words “Reusable” and “Recyclable” in a highly visible manner on the outside of the bags.
Reusable bag. A bag with handles that is specifically designed and manufactured for multiple reuse and is made of: (1) cloth or other washable fabric; or (2) durable material suitable for reuse, including plastic that is at least 2.25 mils thick. After January 1, 2020, plastic film bags shall no longer be considered to be “reusable bags.”
(1990 Code, Ch. 9, Art. 9, § 9-9.1) (Added by Ord. 12-8; Am. Ords. 14-29, 17-37, 19-30)