Chapter 54b

10 GCA HEALTH AND SAFETY CH. 54B CHOOSE TO REUSE : MUNGNA MA AYEK I PLASTEK ACT OF 2018 1 CHAPTER 54B CHOOSE TO REUSE : MUNGNGA MA AYEK I PLASTEK ACT OF 2018 SOURCE: Entire Chapter added by P.L. 34-110:2 (June 5, 20 18), effective January 1, 2019 pursuant to P.L. 34-110:3 . 2018 NOTE: Section numbers altered pursuant to authority grant ed by 1 GCA § 1606 to adhere to the Compiler’s alpha-numeri c codification scheme. § 54B101. Short Title. § 54B102. Definitions. § 54B103. Requirements for Disposable Carryout Bags at Retail or Wholesale Establishments. § 54B104. Enforcement and Penalties. § 54B105. Prohibition on the Distribution and Use o f Disposable Plastic Bags. § 54B101. Short Title. This Chapter shall be known as the 'Choose to Reuse : Mungnga Ma Ayek I Plastek Act of 2018 .' § 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 est ablishment at the point of sale to carry purchases. A disposab le carryout bag shall not include any of the following: (1) a bag provided to the consumer for use in a retail or wholesale

holesale est ablishment at the point of sale to carry purchases. A disposab le 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 i tems, such as fruits, vegetables, nuts, grains, candy, me ats, poultry, or fish; (2) a bag provided to the consumer for use in a retail or wholesale establishment to package small hardware items; COL6/6/202210 GCA HEALTH AND SAFETY CH. 54B CHOOSE TO REUSE : MUNGNA MA AYEK I PLASTEK ACT OF 2018 2 (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; or (11) a reusable carryout bag as defined by this Chapter; (c) reusable carryout bag means a bag specifically designed and manufactured for multiple reuse, and i s

sed to help insulate frozen items; or (11) a reusable carryout bag as defined by this Chapter; (c) reusable carryout bag means a bag specifically designed and manufactured for multiple reuse, and i s 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 oth ers for consumption or use by the purchaser, and not for re sale; (e) wholesale establishment means any entity that engages in the business of selling tangible propert y for the purpose of resale. § 54B103. Requirements for Disposable Carryout Bag s at Retail or Wholesale Establishments. Retail or wholesale establishments may offer for sa le or distribute reusable carryout bags to consumers. Ret ail or wholesale establishments shall not offer for sale o r distribute disposable carryout bags. COL6/6/202210 GCA HEALTH AND SAFETY CH. 54B CHOOSE TO REUSE : MUNGNA MA AYEK I PLASTEK ACT OF 2018 3 (a) Temporary Allowance for Disposable Carryout Bags Made of Paper. For the purposes of this Sectio n, disposable carryout bags shall not include bags mad e of paper.

MA AYEK I PLASTEK ACT OF 2018 3 (a) Temporary Allowance for Disposable Carryout Bags Made of Paper. For the purposes of this Sectio n, disposable carryout bags shall not include bags mad e of paper. (b) Subsection (a) of this Section shall remain in effect until July 1, 2025, unless such business is an eati ng and drinking establishment, as defined in 26 GAR § 4404 (f), with a valid sanitary permit issued by the Division of Environmental Health of the Department of Public He alth and Social Services. SOURCE: Added by P.L. 34-110:2 (June 5, 2018), effective January 1, 2019 pursuant to P.L. 34-110:3. Amended by P.L. 35- 130:1 (Dec. 29, 2020), effective December 31, 2021 pursuant to P.L. 35-130:3 (Dec. 29, 2020). Subsection (b) amended by P.L. 36-098:1 (May 13, 2022). § 54B104. Enforcement and Penalties. (a) The Agency shall be responsible for the enforce ment of the provisions of this Chapter. (b) Any entity violating the provisions of this Cha pter shall be subject to a civil penalty (1) not to exceed Five Hundred Dollars ($500) for t he first offense; (2) an amount not to exceed One Thousand Dollars ($1,000) for the second offense; and (3) an amount not to exceed Ten Thousand

ty (1) not to exceed Five Hundred Dollars ($500) for t he first offense; (2) an amount not to exceed One Thousand Dollars ($1,000) for the second offense; and (3) an amount not to exceed Ten Thousand Dollars ($10,000) for any offense thereafter during a one ( 1)-year period. (c) No more than one (1) penalty shall be imposed u pon any entity within a seven (7)-day period. (d) Any entity who was provided with a notice of vi olation and imposed a civil penalty under this Chapter may appeal this decision and request a hearing from the Agency purs uant to the Agency’s procedures. COL6/6/202210 GCA HEALTH AND SAFETY CH. 54B CHOOSE TO REUSE : MUNGNA MA AYEK I PLASTEK ACT OF 2018 4 (e) Fees collected under this Section shall be depo sited into the Recycling Revolving Fund to be used for the enf orcement of this Chapter. (f) The Administrator of the Agency, in coordinatio n with the Chief Technology Officer of the Office of Technolog y, shall establish and promote an email address or other too l for digital reporting that consumers and businesses may utilize to report violations, or to ask questions regarding the imple mentation of this Chapter, with a prompt response from the Agenc y.

too l for digital reporting that consumers and businesses may utilize to report violations, or to ask questions regarding the imple mentation of this Chapter, with a prompt response from the Agenc y. 2018 NOTE: Subsection/subitem designations added pursuant to authority by 1 GCA § 1606. § 54B105. Prohibition on the Distribution and Use of Disposable Plastic Bags. (a) Beginning on January 1, 2021, no retail establi shment, wholesale establishment, or any other entity licens ed under Chapter 70 of Title 11, Guam Code Annotated, to do business shall purchase or sell or distribute to consumers any dis posable carryout plastic bag, except disposable carryout bags listed in § 54B102(b)(1) through (11) of this Chapter, within G uam. (b) Any entity found in violation of this Section s hall be subject to a civil penalty pursuant to §54B104 of t his Chapter. (c) All fees collected pursuant to this Chapter sha ll be deposited in the Solid Waste Management Fund. SOURCE: Added by P.L. 34-110:2 (June 5, 2018), effective January 1, 2019 pursuant to P.L. 34-110:3. Amended by P.L. 35- 030:1 (Dec. 29, 2020), effective December 31, 2021 pursuant to P.L. 35-130:3 (Dec. 29, 2020).

by P.L. 34-110:2 (June 5, 2018), effective January 1, 2019 pursuant to P.L. 34-110:3. Amended by P.L. 35- 030:1 (Dec. 29, 2020), effective December 31, 2021 pursuant to P.L. 35-130:3 (Dec. 29, 2020). 2018 NOTE: Subsection/subitem designations added pursuant to authority by 1 GCA § 1606. ---------- COL6/6/2022