5-12-1: DEFINITIONS:
As used in this chapter, the following words shall have the following meanings. Where terms are not defined, they shall have their ordinarily accepted meanings within the context that they are used.
BUSINESS: Any commercial enterprise or establishment, including sole proprietorships, joint ventures, partnerships, corporations or any other legal entity whether for profit or not for profit. The definition of business is specifically intended to include both minor festival events and major festival events.
COMPOSTABLE PLASTIC BAG: Any bag made of a thin, flexible plastic material, including but not limited to plant-based, cellulosic, polylactic (PLA), or bioplastic and may contain labeling such as compostable, degradable, biodegradable, or oxo-biodegradable.
CONDIMENT: Packaged, single-serving condiments, such as relishes, spices, sauces, confections, or seasonings, that require no additional preparation and that are used on a food item. This includes, but is not limited to, ketchup, mustard, mayonnaise, soy sauce, salsa, syrup, jam, jelly, salt, sweeteners, pepper, or chile pepper.
CONTAINER: A receptacle upon which or inside which food may be placed for consumption, whether or not the receptacle can be fully closed, including but not limited to hinged food containers, plates, bowls, cups, and trays.
CUSTOMER: Any person who makes a retail purchase from a store.
EXPANDED POLYSTYRENE: Blown polystyrene, commonly known as styrofoam, and any other expanded or extruded foam consisting of thermoplastic petrochemical materials utilizing a styrene monomer and processed by techniques that may include:
1. For expandable bead polystyrene, fusion of polymer spheres;
2. Injection molding;
3. Foam molding; and
4. For extruded foam polystyrene, extrusion blow molding.
FARMERS' AND ARTISANS' MARKET: A market at which farmers and artisans sell their products and crafts directly to consumers.
FOOD: Any raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for use or for sale, in whole or in part, for human consumption.
FOOD SERVICEWARE: All types of single-use items provided by a retail food establishment or third-party delivery platform, including, but not limited to, utensils, chopsticks, napkins, straws, stirrers, splash sticks, and cocktail sticks, designed for a single use. Single-use food serviceware does not include lids for to-go cups.
PLASTIC: 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.
POINT OF SALE: A check-out stand, cash register, or other point at which a sales transaction occurs in a store or retail food establishment or, for products that are ordered remotely from a store or retail food establishment and delivered, the location where the products are delivered.
POST-CONSUMER RECYCLED CONTENT: Any material that would otherwise be destined for solid waste disposal, having completed its intended end use and product life cycle. Post-consumer recycled material does not include materials and byproducts generated from original manufacturing and fabrication process.
READY-TO-EAT FOOD: Food that is cooked or otherwise prepared in advance for immediate consumption.
RECYCLED PAPER CARRYOUT BAG: A bag that is one hundred percent (100%) recycled material or other post-consumer content furnished to a customer at a store or retail food establishment at the point of sale for use by the customer to transport or carry purchased items. Recycled carryout bag does not include:
1. A bag made of paper when the paper has a basis weight of thirty (30) pounds or less;
2. A bag that a pharmacy provides to a customer purchasing prescription medication;
3. A bag that a customer uses inside a store to:
a. Package loose or bulk items, such as fruits, vegetables, nuts, grains, candy, or greeting cards; nails, bolts, screws, or other small hardware items; live insects, fish, crustaceans, mollusks, or other small species; and bulk seed, bulk livestock feed, or bulk pet feed;
b. Contain or wrap frozen foods, meat, seafood, fish, flowers, potted plants, or other items that, if they were to come in contact with other items, could dampen or contaminate the other items; or
c. Contain unwrapped prepared foods or bakery goods; or
4. A laundry, dry cleaning, or garment bag.
RETAIL FOOD ESTABLISHMENT: A retail operation that stores, prepares, or packages food for human consumption or serves or otherwise provides food for human consumption to consumers directly or indirectly through a delivery service, whether such food is consumed on or off the premises or whether there is a charge for such food. "Retail food establishment" does not mean:
1. Any private home;
2. Private boarding houses;
3. Hospital and health facility patient feeding operations licensed by the Colorado Department of Public Health and Environment;
4. Child care centers and other child care facilities licensed by the Department of Human Services;
5. Hunting camps and other outdoor recreation locations where food is prepared in the field rather than at a fixed base of operation;
6. Food or beverage wholesale manufacturing, processing, or packaging plants, or portions thereof, that are subject to regulatory controls under state or federal laws or regulations;
7. Motor vehicles used only for the transport of food;
8. Establishments preparing and serving only hot coffee, hot tea, instant hot beverages, and nonpotentially hazardous doughnuts or pastries obtained from sources complying with all laws related to food and food labeling;
9. Establishments that handle only nonpotentially hazardous prepackaged food and operations serving only commercially prepared, prepackaged foods requiring no preparation other than the heating of food within its original container or package;
10. Farmers' markets and roadside markets that offer only uncut fresh fruit and vegetables for sale;
11. Automated food merchandising enterprises that supply only prepackaged nonpotentially hazardous food or drink or food or drink in bottles, cans, or cartons only, and operations that dispense only chewing gum or salted nuts in their natural protective covering;
12. The donation, preparation, sale, or service of food by a nonprofit or charitable organization in conjunction with an event or celebration if such donation, preparation, sale, or service of food:
a. Does not exceed the duration of the event or celebration or a maximum of fifty-two (52) days within a calendar year; and
b. Takes place in the county in which such nonprofit or charitable organization resides or is principally located;
13. A home, commercial, private, or public kitchen in which a person produces food products sold directly to consumers pursuant to the "Colorado Cottage Foods Act," section 25-4-1614, C.R.S.
REUSABLE CARRYOUT BAG: A carryout bag that is designed and manufactured for at least one hundred twenty-five (125) uses, can carry at least twenty-two (22) pounds over a distance of 175 feet, has stitched handles, and is made of cloth, fiber, or other fabric or a recycled material such as polyethylene terephthalate (pet). "Reusable carryout bag" does not include bags made of biologically based polymers such as corn or other plant sources; except that a carryout bag made of hemp is a reusable carryout bag if it is designed and manufactured in accordance with the above specifications.
SINGLE USE: A product designed to be used once and then discarded, and not designed for repeated use or sanitizing.
STORE: A grocery store, supermarket, convenience store, liquor store, dry cleaner, pharmacy, drug store, clothing store, or other type of retail establishment, a farmers' market, roadside market or stand, festival, or other temporary vendor or event that includes temporary vendors at which carryout bags are traditionally provided to customers. STORE includes a small store that operates solely in Colorado, has three (3) or fewer locations in the state, and is not part of a franchise, corporation, or partnership that has physical locations outside of Colorado.
THIRD-PARTY DELIVERY PLATFORM: Any person, website, mobile application, or other internet service that offers or arranges for the sale of food and beverages prepared by, and the same-day delivery or same-day pickup of food and beverages from, retail food establishments.
WATER BOTTLE: A single-use plastic container of less than one (1) gallon containing drinking water. (Ord. 12, Series 2023)