Sec. 13.43. - Definitions.

Unless the context otherwise clearly indicates, the words and phrases used in this article are defined as follows:

(a)

Carryout bag means a bag provided at the check stand, cash register, point of sale, or other location for the purpose of transporting food or merchandise out of a retail establishment or food service provider's premises. For the purposes of this chapter, carryout bags do not include produce bags or product bags.

(b)

City means the City of Oceanside.

(c)

City facility means any building, structure, park, beach or vehicle owned and operated by the City of Oceanside.

(d)

Compostable means items that are accepted for collection within the city's organic materials collection program, as determined by the city.

(e)

Customer means any person purchasing goods from a store.

(f)

Disposable food service ware means food service ware items that are designed for one-time or limited use.

(g)

Distribute means to provide or offer to provide an item, either as a separate transaction or as part of a transaction for another item, regardless of whether compensation is received.

(h)

Food service provider means any person or establishment that provides or sells prepared food or beverages on or off its premises within the city, including, but not limited to:

(1)

A restaurant, café, coffee shop, fast food restaurant, drive-thru service, grocery store, supermarket, convenience store, delicatessen, cafeteria, farmers' market, or similar fixed place where prepared food is available for consumption on or off the premises;

(2)

Any mobile store, food vendor, caterer, food truck, or similar mobile food service that provides prepared food; and

(3)

Transient lodging facilities, including, but not limited to, hotels, motels, and bed and breakfasts that provide prepared food for guests, customers, or visitors, regardless of whether the prepared food is complimentary or available for purchase by the customer.

(i)

Food service ware means items used for containing, serving, or consuming prepared food, including, but not limited to: containers, cups, bowls, plates, trays, cartons, boxes, and accessory food service ware items.

(j)

Operator means the person in control of, or having the responsibility for, the operation of a store, which may include, but is not limited to, the owner of the store.

(k)

Person means any person, business, firm, limited liability company, corporation, or event organizer or promoter; public, nonprofit or private entity, agency or institution; or partnership, association or other organization or group however organized, or any other entity whatsoever.

(l)

Polystyrene means a thermoplastic petrochemical material utilizing the styrene monomer including, but not limited to, polystyrene foam or expanded polystyrene processed by any number of techniques including, but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding, extrusion-blow molding (extruded foam polystyrene), and clear or solid polystyrene (oriented polystyrene).

(m)

Postconsumer recycled material means a material that would otherwise be destined for solid waste disposal, having completed its intended end use and product life cycle. The term "postconsumer recycled material" does not include materials and by-products generated from, and commonly reused within, an original manufacturing and fabrication process.

(n)

Prepared food means food or beverages that are prepared and served by a food service provider using any cooking or food or beverage preparation technique and that are ready to consume, either on or off the food service provider's premises, without further food or beverage preparation or repackaging. Prepared food does not include raw or uncooked whole fruits or vegetables that are not prepared through chopping,

squeezing, blending, mixing, or otherwise altered through food preparation; nor does prepared food include uncooked meat, poultry, fish, or eggs that are not provided for further consumption without food preparation.

(o)

Produce bag means any bag without handles provided to a customer to carry produce, bulk food, or other food items to the point of sale inside a store and protects food or merchandise from being damaged or contaminated by other food or merchandise when items are placed together in a carryout bag.

(p)

Product bag means:

(1)

A bag to hold prescription medication dispensed from a pharmacy;

(2)

A bag provided to a customer to protect merchandise from being damaged or contaminated by other merchandise when items are placed together in a carryout bag; or,

(3)

A bag without handles that is designed to be placed over articles of clothing on a hanger, newspaper bags, door-hanger bags, or bags sold in packages containing multiple bags intended for use as solid waste container liners or pet waste bags.

(q)

Recyclable means material that can be sorted, cleansed, and reconstituted using available recycling collection programs for the purpose of using the altered form in the manufacture of a new product. Recycling does not include burning, incinerating, converting, or otherwise thermally destroying solid waste.

(r)

Recyclable materials mean those discarded materials that generators set out in recyclable materials containers for collection for the purpose of recycling by an authorized collector and that exclude excluded waste. No discarded materials shall be considered recyclable materials unless such material is separated from organic materials and solid waste. Recyclable materials shall include any material allowed in the recyclable materials container of the city's discarded materials collection service as may be amended from time to time by the city and/or an authorized collector.

(s)

Recycle or recycling means the process of sorting, cleansing, treating, and reconstituting materials that would otherwise be disposed of at a landfill for the purpose of returning such materials to the economy in the form of raw materials for new, reused, or reconstituted products. Recycling includes processes deemed

to constitute a reduction of landfill disposal pursuant to 14 CCR, Division 7, Chapter 12, Article 2. Recycling does not include gasification or transformation as defined in Public Resources Code Section 40201.

(t)

Recycled paper bag means a carryout bag that meets all of the following requirements:

(1)

Contains no old growth fiber.

(2)

Is one hundred (100) percent recyclable overall and contains a minimum of forty (40) percent postconsumer recycled material.

(3)

Is capable of composting, consistent with the timeline and specifications of the American Society of Testing and Materials (ASTM) Standard D6400.

(4)

Is accepted for recycling in the city's curbside recyclable materials program.

(5)

Has printed on the bag the name of the manufacturer, the country where the bag was manufactured, and the minimum percentage of postconsumer content.

(6)

Displays the word "recyclable" on the outside of the bag, to the extent permitted under applicable law regarding recyclability claims.

(u)

Retail establishment means any establishment that sells or provides merchandise, goods, or materials primarily intended for consumer or household use, including food, clothing, household items, personal items, supplies, electronics, or other items directly to a consumer. Retail establishments include grocery stores, department stores, clothing stores, hardware stores, supply stores, pharmacies, liquor stores, convenience stores, outdoor farmers' market, and any other retail store or vendor. Retail establishment does not include food service providers.

(v)

Reusable bag means a bag that is specifically designed and manufactured for multiple uses and meets the reusable bag requirements set forth in California Public Resources Code Section 42281.

(w)

Reusable food service ware means food service ware that is manufactured out of durable materials to be used repeatedly over an extended period of time and is able to be washed and sanitized in accordance with applicable laws and regulations.

(x)

Single-use carryout bag means a bag made of plastic, paper or other material that is provided by a store to a customer at the point of sale that is not a recycled paper bag or reusable bag and does not meet the requirements of a recycled paper bag or a reusable bag.

(Ord. No. 23-OR0645-1, § 1, 9-13-2023)