For purposes of this Chapter, the following terms shall have the following meanings:
CARRYOUT BAG: A bag that is furnished to a customer at a store at the point of sale for use by the customer to transport or carry purchased items, but excluding: a bag made of paper when the paper has a basis weight of 30 pounds or less; a bag that a pharmacy provides to a customer purchasing prescription medication; a laundry, dry cleaning or garment bag; or a bag that a customer uses inside a store to package loose or bulk items, such as fruits, vegetables, nuts, grains, candy, greeting cards, small hardware, live insects, fish crustaceans, mollusk or other small species, bulk seed, livestock or pet feed, or to contain or wrap unwrapped prepared foods, meat, seafood, fish, flowers, potted plants or other items that, if they were to come into contact with other items, could dampen or contaminate the other items.
CONTAINER: A receptacle upon which or inside which food may be placed for consumption, whether or not the receptacle can be fully closed, including hinged food containers, plates, bowls, and trays.
EXPANDED POLYSTYRENE: Blown polystyrene, commonly known as StyrofoamTM, and any other expanded or extruded foam consisting of thermoplastic petrochemical materials utilizing a styrene monomer and processed by techniques that may include:
(A) For expandable bead polystyrene, fusion of polymer spheres;
(B) Injection molding;
(C) Foam molding; and
(D) For extruded foam polystyrene, extrusion blow molding.
FOOD: Any raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for use or for sale, in whole or in part, for human consumption, but excluding a drug, as defined in C.R.S. § 25-5-402(9).
GROCER: A retail business located in a permanent building containing at least 4,000 square feet of retail space, that operates year round as a full line, self-service market offering for sale staple foodstuffs, meats, produce or other perishable items for off-premises human consumption, but excluding businesses at which foodstuffs are an incidental part of the business.
PLASTIC: A synthetic material made from linking monomers through a chemical reaction to create a polymer chain that can be molded or extruded at high heat into various solid forms that retain their defined shapes during their life cycle and after disposal.
POINT OF SALE: A check-out stand, cash register, or other point in a store or retail food establishment at which a sales transaction occurs, or for products that are ordered remotely from a store or retail food establishment and delivered, the location where the products are delivered.
RECYCLED PAPER CARRYOUT BAG: A paper carryout bag made from one hundred (100) percent recycled material or other post-consumer content.
RETAIL FOOD ESTABLISHMENT: Has the meaning set forth in C.R.S. § 25-4-1602(14), except it does not include farmers' markets and roadside markets as described in C.R.S. § 25-4-1602(14)(j).
REUSABLE CARRYOUT BAG: A carryout bag that is designed and manufactured for at least one hundred twenty-five (125) uses, can carry at least twenty-two (22) pounds over a distance of one hundred seventy-five (175) feet, has stitched handles, and is made of cloth, fiber, or other fabric or recycled material such as polyethylene terephthalate (PET); excluding bags made of biologically based polymers such as corn or other plant sources; except that a carryout bag made of hemp is a reusable carryout bag if it is designed and manufactured in accordance with the above terms.
SINGLE-USE PLASTIC CARRYOUT BAG: A carryout bag that is a single-use plastic product made predominantly of plastic derived from natural gas, petroleum, or a biologically based source, such as corn or other plant sources, and that is provided to a customer at the point of sale.
STORE: A grocer, supermarket, convenience store, liquor store, dry cleaner, pharmacy, drug store, clothing store, or other type of retail establishment at which carryout bags are traditionally provided to customers, including a farmers' market, roadside market or stand, festival, or other temporary vendor or event that includes temporary vendors.
(Ord. 23(2022) § 1; Ord. 25(2023) § 2)