6.47.010 Definitions.
“Carryout bag” means any bag that is provided by a retail establishment at the point of sale to a customer for use to transport or carry away purchases, such as merchandise, goods or food, from the retail establishment. “Carryout bag” does not include:
A. Bags used by consumers inside stores to: (1) package bulk items, such as fruit, vegetables, nuts, grains, candy or small hardware items; (2) contain or wrap frozen foods, meat, fish, whether packaged or not; (3) contain or wrap flowers, potted plants, or other items where dampness may be a problem; or (4) contain unwrapped prepared foods or bakery goods; (5) pharmacy prescription bags; or
B. Newspaper bags, door-hanger bags, laundry-dry cleaning bags, or bags sold in packages containing multiple bags intended for use as garbage, pet waste, or yard waste bags.
“Food provider” means any person or establishment in the city of Bellingham, that provides prepared food for public consumption on or off its premises and includes, without limitation, any store, shop, sales outlet, restaurant, grocery store, delicatessen, or catering truck or vehicle.
“Grocery store” means any retail establishment that sells groceries, fresh, packaged, canned, dry, prepared or frozen food or beverage products and similar items, and includes, without limitation, supermarkets, convenience stores, liquor stores and gasoline stations.
“Nonprofit charitable reuser” means a charitable organization, as defined in Section 501(c)(3) of the Internal Revenue Code of 1986, or a distinct operating unit or division of the charitable organization, that reuses and recycles donated goods or materials and receives more than 50 percent of its revenues from the handling and sale of those donated goods or materials.
“Paper bag cost pass-through” means the cost which must be collected by retailers from their customers when providing a recycled paper bag.
“Pharmacy” means any retail store, where prescriptions, medications, controlled or over the counter drugs, personal care products or health supplement goods or vitamins are sold, but excluding any licensed pharmacy located within a hospital.
“Product bag” means any bag provided to a customer for use within a retail establishment to assist in the collection or transport of products to the point of sale within the retail establishment.
“Recycled paper bag” means a paper carryout bag provided by a store to a customer at the point of sale that meets all of the following requirements:
A. Except as provided in subsection (B) of this definition, the paper carryout bag contains an average of 40 percent post consumer recycled materials.
B. An eight-pound or smaller recycled paper bag shall contain a minimum of 20 percent post consumer recycled material.
C. The paper carryout bag is accepted for recycling in curbside programs in a majority of households that have access to curbside recycling programs in the city.
D. The paper carryout bag is capable of composting, consistent with the timeline and specifications of the American Society of Testing and Material (ASTM) Standard D6400, as published in Master Environmental Assessment on Single Use and Reusable Bags, March 2010.
E. Printed on the paper carryout bag is the minimum percentage of post consumer content.
“Retail establishment” means any person, including any corporation, partnership, business, facility, vendor, organization or individual that sells or provides merchandise, goods or materials, including, without limitation, clothing, food, or personal items of any kind, directly to a customer. Retail establishment includes, without limitation, any grocery store, department store, hardware store, pharmacy, liquor store, restaurant, catering truck, convenience store, and any other retail store or vendor.
“Reusable bag” means a bag made of cloth or other fabric with handles that is specifically designed and manufactured for long-term multiple reuse and meets all of the following requirements:
A. Had a minimum lifetime of 125 uses, which for purposes of this subsection, means the capability of carrying a minimum of 22 pounds 125 times over a distance of at least 175 feet;
B. Is machine washable;
C. If made of plastic, is a minimum of at least two and one-fourth mils thick.
“Single-use plastic carryout bag” means any bag that is less than two and one-fourth mils thick and is made of nonrenewable resources. [Ord. 2011-07-034].