As used in this section and ORS § 459A.757 and 459A.759:

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(1) ‘Garment bag’ means a large bag that incorporates a hanger on which garments may be hung to prevent wrinkling during travel or storage.

(2) ‘Local provision’ means a charter provision, ordinance, resolution or other provision adopted by a city, county or other local government, as defined in ORS § 174.116.

(3) ‘Nonwood renewable fiber’ means plant-based fiber other than fiber derived from a tree.

(4) ‘Recycled paper checkout bag’ means a paper bag that contains:

(a) At least 40 percent post-consumer recycled fiber;

(b) At least 40 percent nonwood renewable fiber; or

(c) A combination of post-consumer recycled fiber and nonwood renewable fiber that totals at least 40 percent.

(5) ‘Restaurant’ means an establishment where the primary business is the preparation of food or drink:

(a) For consumption by the public;

(b) In a form or quantity that is consumable then and there, whether or not it is consumed within the confines of the place where prepared; or

(c) In consumable form for consumption outside the place where prepared.

(6) ‘Retail establishment’ means a store that sells or offers for sale goods at retail and that is not a restaurant.

(7) ‘Reusable fabric checkout bag’ means a bag with handles that is specifically designed and manufactured for multiple reuse and is made of cloth or other machine-washable fabric.

(8) ‘Reusable plastic checkout bag’ means a bag with handles that is specifically designed and manufactured for multiple reuse and is made of durable plastic that is at least four mils thick.

(9)(a) ‘Single-use checkout bag’ means a bag made of paper, plastic or any other material that is provided by a retail establishment to a customer at the time of checkout, and that is not a recycled paper checkout bag, a reusable fabric checkout bag or a reusable plastic checkout bag.

(b) ‘Single-use checkout bag’ does not mean:

(A) A bag that is provided by a retail establishment to a customer at a time other than the time of checkout, including but not limited to bags provided to:

(i) Package bulk items such as fruit, vegetables, nuts, grains, greeting cards or small hardware items, including nails, bolts or screws;

(ii) Contain or wrap frozen food, meat, fish, flowers, a potted plant or another item for the purpose of addressing dampness or sanitation;

(iii) Contain unwrapped prepared food or a bakery good; or

(iv) Contain a prescription drug;

(B) A newspaper bag, door hanger bag, garment bag, laundry bag or dry cleaning bag; or

(C) A bag sold in a package containing multiple bags for uses such as food storage, garbage containment or pet waste collection. [2019 c.434 § 1; 2021 c.28 § 1]

459A.755 to 459A.759 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS Chapter 459A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.