Section 16-452. Definitions  


Latest version.
  • When used in this chapter: a. "Chain of stores"
      means five or more stores located within the city of New York  that  are
      engaged  in  the same general field of business and (1) conduct business
      under the same business name or (2) operate under  common  ownership  or
      management   or   pursuant  to  a  franchise  agreement  with  the  same
      franchisor.
        b. "Consumer" means any person who purchases a product  from  a  store
      that is placed in a plastic carryout bag at the time of sale.
        c.   "Film   plastic"  means  uncontaminated  non-rigid  film  plastic
      packaging products composed of plastic resins that include, but are  not
      limited to, newspaper bags, dry cleaning bags and shrink-wrap.
        d.  "Food service establishment" means any establishment (1) where the
      primary business  is  providing  food  for  individual  portion  service
      directly  to the consumer, whether consumption of such food occurs on or
      off the premises or such service is provided in a  premises  or  from  a
      pushcart,  stand  or  vehicle,  and  (2)  that  is subject to the permit
      requirement contained in section 81.05 of the New York city health code.
        e. "Manufacturer" means every person, firm or  corporation  that:  (1)
      produces  plastic  carryout bags that are sold or distributed within the
      city of New York, or (2) imports plastic carryout bags into  the  United
      States that are sold or distributed within the city of New York.
        f.  "Operator"  means a person, firm or corporation that owns or is in
      control of, or has responsibility for, the daily operation of a store.
        g. "Plastic carryout bag" means a plastic bag provided by a store to a
      consumer at the point of sale that is not a reusable bag.
        h. "Reusable bag" means (1) a bag  made  of  cloth  or  other  machine
      washable  fabric  that  has  handles, or (2) a durable plastic bag, with
      handles, that is at least 2.25 mils thick and is  specifically  designed
      and manufactured for multiple reuse.
        i.  "Store"  means  a  retail or wholesale establishment, other than a
      food service establishment, that sells  products  and  provides  plastic
      carryout  bags to consumers in which to place these products and (1) has
      over five thousand square feet of retail or wholesale space  or  (2)  is
      one of a chain of stores.