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17.103.210 Definitions for Prohibition on Single-Use Plastic Checkout Bags.

As used in Sections 17.103.200 through 17.103.220, the following terms have the following meanings:

A.  “Food provider” means any person in the City that provides prepared food for public consumption on or off its premises and includes, without limitation, any retail establishment, shop, sales outlet, restaurant, grocery store, delicatessen or catering truck or vehicle.

B.  “Grocery store” means any business in the City with gross annual receipts of $2,000,000 or greater, offering for sale items of food and perishable items as well as other household goods and supplies.

C.  “Recycled paper bag” means a paper checkout bag provided by a retail establishment or food provider to customers, meeting the following requirements:

1.  Contains a minimum of 40 percent recycled content; and

2.  Is accepted for recycling in the City of Portland recycling program regulations under Chapter 17.102 of the City Code.

D.  “Reusable bag” means a bag with handles that is specifically designed and manufactured for long-term multiple reuse and is:

1.  Made of cloth or other machine washable fabric; or

2.  Made of durable plastic that is at least 4.0 mils thick.

E.  “Retail establishment” means any sole proprietorship, partnership, limited partnership, family limited partnership, joint venture, association, cooperative, trust, estate, corporation, personal holding company, limited liability company, limited liability partnership or any other form of organization located within the City that sells or offers for sale goods to a customer.

F.  “Single-use plastic checkout bag” means a plastic bag that is provided by a retail establishment or food provider to a customer and is not a reusable bag. A single-use checkout bag does not include the following:

1.  A bag provided by a pharmacist to contain prescription medication purchased by customers of the pharmacy;

2.  A non-handled bag used to protect a purchased item from damaging or contaminating other purchased items when placed in a recycled paper bag or reusable bag; or,

3.  A plastic cover designed and used for protecting garments on a hanger.