10 GCA § 54B102: Definitions.

For the purposes of this Chapter:

(a) “Agency” means the Guam Environmental Protection Agency;

(b) “disposable carryout bag” means any bag that is provided to a consumer by a retail or wholesale establishment at the point of sale to carry purchases. A disposable carryout bag shall not include any of the following:

(1) a bag provided to the consumer for use in a retail or wholesale establishment to package bulk items, such as fruits, vegetables, nuts, grains, candy, meats, poultry, or fish;

(2) a bag provided to the consumer for use in a retail or wholesale establishment to package small hardware items;

(3) a bag to contain or wrap flowers, potted plants, or other items where dampness may be a problem;

(4) a bag to contain non-prepackaged food items or bakery goods;

(5) a bag provided by a pharmacy to carry prescription drugs;

(6) a bag used for newspapers;

(7) a bag used for laundry dry-cleaning;

(8) bags sold in packages containing multiple bags intended for garbage, pet waste, or yard waste;

(9) a bag used to package and secure fragile merchandise;

(10) a bag used to help insulate frozen items;

(11) a reusable carryout bag as defined by this Chapter; or

(12) a branded bag. For purposes of this Section, a “branded bag” means any paper bag used by a retailer that displays the name, logo, trademark or other marks of distinction of the manufacturer or retailers of the product sold.

(c) “reusable carryout bag” means a bag specifically designed and manufactured for multiple reuse, and is made of cloth, fiber, or other machine washable fabric;

(d) “retail establishment” means any entity that engages in the business of selling tangible property to others for consumption or use by the purchaser, and not for resale;

(e) “wholesale establishment” means any entity that engages in the business of selling tangible property for the purpose of resale.