As used in this part 5, unless the context
otherwise requires:
(1) (a) Carryout bag means a bag that is furnished to a customer at a store
or retail food establishment at the point of sale for use by the customer to transport
or carry purchased items.
(b) Carryout bag does not include:
(I) A bag made of paper when the paper has a basis weight of thirty pounds
or less;
(II) A bag that a pharmacy provides to a customer purchasing prescription
medication;
(III) A bag that a customer uses inside a store to:
(A) Package loose or bulk items, such as fruits, vegetables, nuts, grains,
candy, or greeting cards; nails, bolts, screws, or other small hardware items; live
insects, fish, crustaceans, mollusks, or other small species; and bulk seed, bulk
livestock feed, or bulk pet feed;
(B) Contain or wrap frozen foods, meat, seafood, fish, flowers, potted plants,
or other items that, if they were to come in contact with other items, could dampen
or contaminate the other items; or
(C) Contain unwrapped prepared foods or bakery goods; or
(IV) A laundry, dry cleaning, or garment bag.
(2) Container means a receptacle upon which or inside which food may be
placed for consumption, whether or not the receptacle can be fully closed.
Container includes hinged food containers, plates, bowls, cups, and trays.
(3) Expanded polystyrene means blown polystyrene, commonly known as
Styrofoam�, 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.
(4) (a) Food means 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.
(b) Food does not include a drug, as that term is defined in section 25-5-402 (9).
(5) Plastic means 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.
(6) Point of sale means a check-out stand, cash register, or other point at
which a sales transaction occurs in a store or retail food establishment or, for
products that are ordered remotely from a store or retail food establishment and
delivered, the location where the products are delivered.
(7) Ready-to-eat food means food that is cooked or otherwise prepared in
advance for immediate consumption.
(8) Recycled paper carryout bag means a carryout bag made from one
hundred percent:
(a) Recycled material; or
(b) Other post-consumer content.
(9) (a) Retail food establishment has the meaning set forth in section 25-4-1602 (14) except as provided in subsection (9)(b) of this section.
(b) Retail food establishment does not include farmers markets and
roadside markets as described in section 25-4-1602 (14)(j).
(10) (a) Reusable carryout bag means a carryout bag that is designed and
manufactured for at least one hundred twenty-five uses, can carry at least twenty-two pounds over a distance of one hundred seventy-five feet, has stitched handles,
and is made of cloth, fiber, or other fabric or a recycled material such as
polyethylene terephthalate (PET).
(b) Reusable carryout bag does not include 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 subsection (10)(a) of this section.
(11) School has the meaning set forth in section 23-3.9-101 (6).
(12) (a) Single-use plastic carryout bag means 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.
(b) Single-use plastic carryout bag does not include a reusable carryout
bag.
(13) Small store means a store that operates solely in Colorado, has three
or fewer locations in the state, and is not part of a franchise, corporation, or
partnership that has physical locations outside of Colorado.
(14) (a) Store means, except as provided in subsection (14)(c) of this
section, a grocery store, 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.
(b) Store includes a farmers market, roadside market or stand, festival, or
other temporary vendor or event that includes temporary vendors.
(c) Store does not include a small store.