Definitions

For the purposes of this Chapter:

(a)“Agency” means the Guam Environmental Protection Agency;

(b)“disposable carryout bag” means any bag that is provided to a consumer by a retail or wholesale establishment at the point of sale to carry purchases. A disposable carryout bag shall not include any of the following:

(1)a bag provided to the consumer for use in a retail or wholesale establishment to package bulk items, such as fruits, vegetables, nuts, grains, candy, meats, poultry, or fish;

(2)a bag provided to the consumer for use in a retail or wholesale establishment to package small hardware items;

(3)a bag to contain or wrap flowers, potted plants, or other items where dampness may be a problem;

(4)a bag to contain non-prepackaged food items or bakery goods;

(5)a bag provided by a pharmacy to carry prescription drugs;

(6)a bag used for newspapers;

(7)a bag used for laundry dry-cleaning;

(8)bags sold in packages containing multiple bags intended for garbage, pet waste, or yard waste;

(9)a bag used to package and secure fragile merchandise;

(10)a bag used to help insulate frozen items;

(11)a reusable carryout bag as defined by this Chapter; or

(12)a branded bag. For purposes of this Section, a “branded bag” means any paper bag used by a retailer that displays the name, logo, trademark or other marks of distinction of the manufacturer or retailers of the product sold. CH. 54B CHOOSE TO REUSE: MUNGNGA MA AYEK I PLASTEK ACT OF 2018

(c)“reusable carryout bag” means a bag specifically designed and manufactured for multiple reuse, and is made of cloth, fiber, or other machine washable fabric;

(d)“retail establishment” means any entity that engages in the business of selling tangible property to others for consumption or use by the purchaser, and not for resale;

(e)“wholesale establishment” means any entity that engages in the business of selling tangible property for the purpose of resale.