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.
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(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. SOURCE: Added by P.L. 34-110:2 (June 5, 2018), effective January 1, 2019 pursuant to P.L. 34-110:3. Subsection (b)(12) added by P.L.38-028:2 (June 17, 2025).