§ 1702. DEFINITIONS.

For the purposes of this Ordinance, the fol- lowing words shall have the following meanings:

“ASTM Standard” means the American Society for Testing and Materials (ASTM)’s Standard Specification for Compostable Plastics D6400, as that standard may be amended from time to time.

“Compostable Plastic Bag” means a plastic Checkout Bag that conforms to at least the minimum standards of California labeling law (Public Resources Code Section 42355 et seq.), and meets current ASTM D6400 Standard Specifications for compostability, is labeled as meeting the ASTM Standard by a recognized third-party independent verification entity, such as the Biodegradable Product Institute, and is labeled “Compostable” on both sides of the bag either in green color lettering that is at least one inch in height, or as otherwise specified, or within a green color band that is at least one inch in height in order to be readily and easily identifiable.

“Compostable Pre-Checkout Bag” means a Pre-Checkout Bag that (1) conforms to at least the minimum standards of California labeling law (Public Resources Code Section 42355 et seq. and as may be amended); (2) meets current ASTM D6400 Standard Specifications for compostability; (3) is labeled as meeting the ASTM Standard by a recognized third-party independent verification entity such as the Biodegradable Product Institute; (4) is green in color throughout; (5) has a minimum 15-inch mouth width to fit most kitchen compost pails; (6) is clearly labeled “Compostable” in a highly visible manner on the outside of the bag; and (7) meets all other requirements the Department may set forth in a regulation adopted after a public hearing and at least 60 days’ notice, based upon environmental benefit, cost, and market availability.

“Checkout Bag” means a carryout bag that is provided by a store to a customer. “Checkout Bag” does not include:

(1) Bags used to:

(A) package loose bulk items, such as fruit, vegetables, nuts, grains, candy, cookies, or small hardware items;

(B) contain or wrap frozen foods, meat, or fish, whether prepackaged or not;

(C) contain or wrap flowers, potted plants, or other items where damage to a good or contamination of other goods placed together in the same bag may be a problem; or

(D) contain unwrapped prepared foods or bakery goods;

(2) Bags provided by pharmacists to contain prescription drugs; or,

(3) 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.

“Department” means the Department of the Environment.

“Director” means the Director of the Department of the Environment.

“Food Establishment” means a “food preparation and service establishment” as defined in Health Code Section 451 and permitted under Health Code Section 452.

“Person” means an individual, trust, firm, joint stock company, corporation, cooperative, partnership, or association.

“Pre-Checkout Bag” means a bag provided to a customer before the customer reaches the point of sale, that is designed to protect a purchased item from damaging or contaminating other purchased items in a Checkout Bag, or to contain an unwrapped food item, such as but not limited to loose produce, meat or fish, nuts, grains, candy, and bakery goods. Pre-Checkout Bag does not include bags used to pre-package items outside of San Francisco.

“Recyclable” means material that can be sorted, cleansed, and reconstituted using San Francisco’s 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.

“Recyclable Paper Bag” means a paper Checkout Bag that meets all of the following requirements:

(1) is 100% recyclable, using the standards for San Francisco’s available curbside recycling collection program;

(2) contains no old growth fiber;

(3) contains a minimum of 40% post-consumer recycled content, and the Department may modify the requirements for recycled content by regulation adopted after a public hearing and at least 60 days’ notice, based upon environmental benefit, cost, and market availability; and

(4) displays the word “Recyclable” in a highly visible manner on the outside of the bag, and is labeled with the name of the manufacturer, the location (country) where manufactured, and the percentage of post-consumer recycled content in an easy-to-read size font.

“Recyclable Paper Pre-Checkout Bag” means a paper Pre-Checkout Bag that (1) is 100% recyclable, using the standards for San Francisco’s available curbside recycling collection program; (2) contains no old growth fiber; (3) contains a minimum of 40% post-consumer recycled content, but the Department may modify this requirement for recycled content by regulation adopted after a public hearing preceded by at least 60 days’ notice, based upon environmental benefit, cost, and market availability; (4) displays the word “Recyclable” in a highly visible manner on the outside of the bag, and is labeled with the name of the manufacturer, the country where manufactured, and the percentage of post-consumer recycled content, all in an easy-to-read size font; (5) is certified by and labeled with the logo of the Biodegradable Product Institute (BPI) or other third party recognized by the Department in meeting ASTM D6400 or ASTM D6868 Standard Specifications for compostability; and (6) meets all other requirements the Department may set forth in a regulation adopted after a public hearing preceded by at least 60 days’ notice, based upon environmental benefit, cost, and market availability.

“Reusable Bag” means a Checkout Bag with handles that is specifically designed and manufactured for multiple reuse and meets all of the following requirements:

(1) Has a minimum lifetime capability of 125 or more uses carrying 22 or more pounds over a distance of at least 175 feet;

(2) Is capable of being washed so as to be cleaned and disinfected at least 100 times;

(3) If made of plastic, is at least 2.25 mils thick;

(4) Meets the standards for regulated packaging in the California Toxics in Packaging Prevention Act (Cal. Health & Safety Code § 25214.13), as amended, or any successor legislation;

(5) Meets any standards for minimum recycled content established by regulation adopted by the Department after a public hearing and at least 60 days’ notice, based upon environmental benefit and market availability.

(6) Garment bags that meet the above criteria shall be considered reusable even if they do not have handles.

“Store” means the following:

(1) Until July 1, 2013, “Store” shall mean a retail establishment located within the geographical limits of the City and the County of San Francisco. A “retail establishment” includes any public commercial establishment engaged in the sale of personal consumer or household items to the customers who will use or consume such items.

(2) Beginning July 1, 2013, “Store” shall also include any Food Establishment located within the geographical limits of the City and County of San Francisco.

(Added by Ord. 81-07, File No. 070085, App. 4/20/2007; amended by Ord. , File No. 101055, App. 2/21/2012, Eff. 3/22/2012, Oper. 10/1/12; Ord. , File No. 161081, App. 1/20/2017, Eff. 2/19/2017; Ord. , File No. 190417, App. 8/2/2019, Eff. 9/2/2019)