Definitions

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  • As used in this subchapter, the following terms have meaning provided in this section:
    • (1) “Authority” means the Virgin Islands Waste Management Authority.

    • (2) “Business” means any commercial enterprise or establishment and all employees of the commercial enterprise or establishment or any independent contractors associated with a business operating in the Virgin Islands, including an individual proprietorship, joint venture, partnership, corporation, limited liability company, or other legal entity, whether for profit or not for profit.

    • (3) “Customer” means a person who purchases merchandise from a business.

    • (4) “Department” means the Virgin Islands Department of Licensing and Consumer Affairs.

    • (5) “Director” means the Director of the Virgin Islands Waste Management Authority or the Director’s designee.

    • (6) “Disposable” means a product that is designed for a single use after which it is disposed of after use and disposed as solid waste.

    • (7) “Drinking straw” means a thin tube for transferring a beverage from its container to the mouth of the drinker;

    • (8) “Mil” means on thousandth of one inch.

    • (9) “Non-recyclable paper bag” means a paper bag that is not a recyclable paper bag.

    • (10) “Plastic Checkout Bag” means a carryout bag that is provided by a business to a customer for the purpose of transporting groceries or other retail goods, and is made from non-compostable plastic and not specifically designed and manufactured for multiple re-use. The term does not include:

      • (A) bags used by customers inside a business to package loose items, such as fruits, vegetables, nuts, ground coffee, grains, candies, or small hardware items;

      • (B) bags used to contain or wrap frozen foods, meat, or fish, flowers, or potted plants, or other items to contain dampness;

      • (C) bags used to protect or transport prepared foods, beverages, or bakery goods;

      • (D) bags provided by pharmacists to contain prescription medications;

      • (E) newspaper bags for home newspaper delivery;

      • (F) door-hanger bags;

      • (G) laundry, dry cleaning, or garment bags, including bags provided by hotels to guests to contain wet or dirty clothing;

      • (H) bags sold in packages containing multiple bags intended for use as garbage, pet waste, or yard waste bags;

      • (I) bags used to contain live animals, such as fish or insects sold in pet stores; or

      • (J) bags used to transport chemical pesticides, drain-cleaning chemicals, or other caustic chemicals sold at the retail level; provided that this exemption shall be limited to one bag per customer.

    • (11) “Plastic tubular stirrer” means a thin, plastic straw usually used for stirring coffee, cocktails and other beverages.

    • (12) “Recyclable Paper Bag” means a paper bag that:

      • (A) is one hundred percent recyclable;

      • (B) contains a minimum of forty percent post-consumer recycled content; and

      • (C) displays the words “Reusable” and “Recyclable” in a highly visible manner on the outside of the bags.

    • (13) “Reusable” means an item specifically designed and manufactured to be durable and made for multiple reuse.”

    • (14) “Reusable Bag” means a bag with handles that is specifically designed and manufactured for multiples reuse and is made of:

      • (A) cloth or other washable fabric; or

      • (B) durable material suitable for reuse, including plastic that is at least 2.25 mils thick.


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