The Vermont Statutes Online

Title 10 : Conservation and Development

Chapter 159 : Waste Management

Subchapter 005 : SINGLE-USE CARRYOUT BAGS; EXPANDED POLYSTYRENE FOOD SERVICE PRODUCTS; SINGLE-USE PLASTIC STRAWS; AND SINGLE-USE PLASTIC STIRRERS

• § 6691. Definitions

  As used in this subchapter:

  (1) “Agency” means the Agency of Natural Resources.

  (2) “Carryout bag” means a bag provided by a store or food service establishment to a customer at the point of sale for the purpose of transporting groceries or retail goods, except that a “carryout bag” shall not mean:

  (A) a bag made of paper when the paper has a basis weight of 30 pounds or less;

  (B) a bag provided by a pharmacy to a customer purchasing a prescription medication;

  (C) a bag used by customers inside a store to:

  (i) package loose items, such as fruits, vegetables, nuts, coffee, grains, bakery goods, candy, greeting cards, or small hardware items;

  (ii) contain or wrap frozen foods, meat, or fish; or

  (iii) contain or wrap flowers;

  (D) a laundry, dry cleaning, or garment bag, including bags provided by a store to protect large garments, such as suits, jackets, or dresses.

  (3) “Expanded polystyrene” means blown polystyrene and expanded and extruded foams that are thermoplastic petrochemical materials utilizing a styrene monomer and processed by a number of techniques, including: fusion of polymer spheres, known as expandable bead 20 polystyrene; injection molding; foam molding; and extrusion-blow molding, also known as extruded foam polystyrene.

  (4)(A) “Expanded polystyrene food service product” means a product made of expanded polystyrene that is:

  (i) used for selling or providing food or beverages to be used once for eating or drinking; or

  (ii) generally recognized by the public as an item to be discarded after one use.

  (B) “Expanded polystyrene food service product” shall include:

  (i) food containers;

  (ii) plates;

  (iii) hot and cold beverage cups;

  (iv) trays; and

  (v) cartons for eggs or other food.

  (C) “Expanded polystyrene food service product” shall not include:

  (i) food or beverages that have been packaged in expanded polystyrene outside the State before receipt by a food service establishment or store;

  (ii) a product made of expanded polystyrene that is used to package raw, uncooked, or butchered meat, fish, poultry, or seafood; or

  (iii) nonfoam polystyrene food service products.

  (5) “Food service establishment” has the same meaning as in 18 V.S.A. § 4301.

  (6) “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, including material derived from either petroleum or a biologically based polymer, such as corn or other plant sources.

  (7) “Point of sale” means a check-out stand, cash register, or other point of departure from a store or food service establishment, including the location where remotely ordered food or products are delivered to a purchaser.

  (8) “Recyclable paper carryout bag” means a carryout bag that is made of paper and that is recyclable.

  (9) “Reusable carryout bag” means a carryout bag that is designed and manufactured for multiple uses and is:

  (A) made of cloth or other machine-washable fabric that has stitched handles; or

  (B) a polypropylene bag that has stitched handles.

  (10) “Secretary” means the Secretary of Natural Resources.

  (11) “Single-use plastic carryout bag” means a carryout bag that is:

  (A) made of plastic;

  (B) a single-use product; and

  (C) not a reusable carryout bag.

  (12) “Single-use plastic stirrer” means a device that is:

  (A) used to mix beverages;

  (B) made predominantly of plastic; and

  (C) a single-use product.

  (13) “Single-use plastic straw” means a tube made of plastic that is:

  (A) used to transfer liquid from a container to the mouth of a person drinking the liquid; and

  (B) is a single-use product.

  (14) “Single-use product” or “single use” means a product that is generally recognized by the public as an item to be discarded after one use.

  (15) “Store” means a grocery store, supermarket, convenience store, liquor store, drycleaner, pharmacy, drug store, or other retail establishment that provides carryout bags to its customers. (Added 2019, No. 69, § 2, eff. July 1, 2020.)