The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:
(a) "Checkout bag" means a bag that is provided by a retail establishment at the checkstand, cash register, point of sale or other point of departure for the purpose of transporting food or merchandise out of the establishment. Checkout bags do not include produce or product bags as defined in this chapter.
(b) "Compostable Produce Bags" means paper bags and bags made of plastic-like material if the material meets the ASTM Standard Specifications for compostability D6400 or D6868, or the product is Biodegradable Products Institute (BPI) certified, or is considered acceptable within the City’s compost collection program.
(c) "Food service establishment" means any establishment, located or providing food within the city of Palo Alto, which provides prepared and ready-to-consume food or beverages, for public consumption including but not limited to any retail service establishment, eating and drinking service (as defined in Title 18), takeout service (as defined in Title 18), supermarket, delicatessen, restaurant, food vendor, sales outlet, shop, cafeteria, catering truck or vehicle, cart or other sidewalk or outdoor vendor or caterer which provides prepared and ready-to-consume food or beverages, for public consumption, whether open to the general public or limited to certain members of the public (i.e., company cafeteria for employees).
(d) "Produce bag" means any bag without handles provided to a customer to carry produce, meats, bulk food, or other food items to the point of sale inside a store and protects food or merchandise from being damaged or contaminated by other food or merchandise when items are placed together in a Reusable bag or Recyclable Paper Checkout Bag.
(e) "Product Bag” means a bag provided to a customer to protect merchandise from being damaged or contaminated by other merchandise when items are placed together in a Reusable Bag or Recyclable Paper Checkout Bag; a bag to hold prescription medication dispensed from a pharmacy; or a bag without handles that is designed to be placed over articles of clothing on a hanger.
(f) "Recyclable paper checkout bag" means a paper bag that meets one of the following criteria:
i. Pre-approved standard. A paper bag that meets all of the following requirements:
1. Contains no old growth fiber;
2. Is 100% recyclable overall and contains a minimum of 40% post-consumer recycled content;
3. Displays the word "Recyclable" on the outside of the bag; and
4. The manufacturer, the location (country) where manufactured and the percentage of post-consumer recycled content in an easy-to-read size font.
ii. Alternative materials. The director of public works is authorized to approve alternate materials or testing methods meeting this section's requirements provided that the director finds that the proposed materials or testing standards satisfactorily comply with the intent, quality and effectiveness in order to meet the purposes of this chapter. The particulars of any approval made by the Director under this subsection shall be entered upon the records of the public works department and a signed copy shall be furnished to the applicant.
iii. Alternative standard. Any other published uniform recyclable paper bag standard as approved by the director of public works.
(g) "Retail service establishment" means any establishment providing retail sale, rental, service, processing, or repair of items primarily intended for consumer or household use, including but not limited to the following: groceries, meat, vegetables, dairy products, baked goods, candy, and other food products; liquor and bottled goods, household cleaning and maintenance products; drugs, cards, and stationery, notions, books, tobacco products, cosmetics, and specialty items; flowers, plants, hobby materials, toys, household pets and supplies, and handcrafted items; apparel, jewelry, fabrics, and like items; cameras, photography services, household electronic equipment, records, sporting equipment, kitchen utensils, home furnishing and appliances, art supplies and framing, arts and antiques, paint and wallpaper, carpeting and floor covering, interior decorating services, office supplies, musical instruments, hardware and homeware, and garden supplies; bicycles; mopeds and automotive parts and accessories (excluding service and installation); cookie shops, ice cream stores and delicatessens.
(h) "Reusable checkout bag" shall mean a bag with handles that is specifically designed and manufactured for multiple reuse which can be washed or wiped clean and meets all of the following criteria:
i. Bags with a capacity of 15 liters or greater must meet all of the following requirements:
1. To confirm durability, bags must meet EcoLogo ATP-001 standards (including future amendments or any successor legislation):
a. Capacity test - minimum of 15 liters.
b. Dynamic test - minimum of 5 sets of 300 cycles (1,500 cycles total).
2. To confirm bag thickness of 2.25 mils thick or greater, bags will be measured according to ASTM D6988-08 or ISO 4593:1993 or ISO 4591:1992 standards (for embossed film) (including future amendments or any successor legislation).
3. To confirm the absence of heavy metals causing environmental hazards upon entering the solid waste stream, state methods are to be used for preparing and for testing samples of each unique bag component following the Model Toxics in Packaging Legislation; and
4. Is either:
a. Labeled in an easy-to-read sized font with the name of the manufacturer, the country of origin where manufactured, the material from which it is manufactured, the percentage of post-consumer recycled content, and a statement that the bag does not contain heavy metals; or
b. As an alternative, information about the manufacturer, the country of origin where manufactured, the material from which the bag is manufactured, the percentage of post-consumer recycled content, and a statement that the bag does not contain heavy metals can be provided through the reporting requirements set forth under Section 5.35.030(d).
ii. Reusable bags with a capacity of less than 15 liters must meet all of the following requirements:
1. Is 2.25 mils thick or greater as measured according to ASTM D6988-08 or ISO 4593:1993 or ISO 4591:1992 standards (for embossed film) (including future amendments or any successor legislation).
2. To confirm the absence of heavy metals causing environmental hazards upon entering the solid waste stream, state methods are to be used for preparing and for testing samples of each unique bag component following the Model Toxics in Packaging Legislation; and
3. Is either:
a. Labeled in an easy-to-read sized font with the name of the manufacturer, the country of origin where manufactured, the material from which it is manufactured, the percentage of post-consumer recycled content, and a statement that the bag does not contain heavy metals; or
b. As an alternative, information about the manufacturer, the country of origin where manufactured, the material from which the bag is manufactured, the percentage of post-consumer recycled content, and a statement that the bag does not contain heavy metals can be provided through the reporting requirements set forth under Section 5.35.030(d).
iii. Alternative materials. The director of public works is authorized to approve alternate materials or testing methods meeting this section's requirements provided that the director finds that the proposed materials or testing standards satisfactorily complies with the intent, quality and effectiveness in order to meet the purposes of this chapter. The particulars of any approval made by the director under this subsection shall be entered upon the records of the Public Works Department and a signed copy shall be furnished to the applicant.
iv. Alternative standard. Any other published uniform bag standard as approved by the director of public works.
(i) "Single-use plastic checkout bag" means any bag made predominately of plastic derived from natural gas, petroleum or a biologically-based source, such as corn or other plant sources, which is provided to a customer at the point of sale which does not meet the definition of a reusable checkout bag.
(Ord. 5473 § 2 (part), 2019: Ord. 5194 § 3 (part), 2013)