42040.
For purposes of this chapter, the following definitions apply:(a) “Cushioning” means material used to protect goods by absorbing shocks and vibrations during shipping. Plastic cushioning includes, but is not limited to, plastic bubble wrap and inflatable plastic pillows.
(b) “Expanded polystyrene packaging” means any packing material made of polystyrene that has been expanded or blown using a blowing agent into a solid foam, including, but not limited to, loose fill, often referred to as packing peanuts, and molded foam.
(c) “Large online retailer” means an online retailer that has annual gross sales equal to or more than one million dollars ($1,000,000) in or into the state and that has equal to or more than 2,500 shipping units sold and transported in or into the state annually.
(d) (1) “Online retailer” means a business that sells goods over the internet and transports goods by mail or parcel delivery. An online retailer includes business-to-business and business-to-consumer sales of products.
(2) An online retailer does not include an online marketplace that satisfies all of the following:
(A) Is an online or mobile application providing user services and facilitating sales solely from third-party sellers to third-party buyers.
(B) Does not own any of the inventory for sale on the online marketplace.
(C) Does not ship or control the distribution, packaging, or transport of any products on the online marketplace.
(D) Facilitates and permits direct, unhindered communication between the third-party buyer and the third-party seller.
(E) Conspicuously displays the third-party seller’s location.
(F) Does not determine the price for the product offered on the online marketplace.
(G) Is not a large online retailer.
(3) An online retailer does not include a public or privately operated motor carrier, as defined in Section 13102 of Title 49 of the United States Code, that only transports a parcel that has been placed into packaging prior to the motor carrier’s taking possession of the parcel and is not opened until after the motor carrier has delivered the parcel.
(e) “Packaging” includes, but is not limited to, all of the following:
(1) Primary packaging.
(2) Secondary packaging used to group products into unit loads during transit and that is the outermost layer of packaging shipped to consumers.
(3) Tertiary packaging or dunnage used to facilitate the protection, handling, and transportation of a sales unit or sales units to consumers.
(f) “Plastic film” means thin flexible sheets of plastic, sold in thicknesses of up to 10 millimeters, of which the majority produced are made of polyethylene resins. Plastic film is used to produce, and includes, shipping envelopes, cushioning, and void fill.
(g) “Reusable packaging” means packaging that is all of the following:
(1) Designed for reuse in the same or similar application, or for another purposeful packaging use in a supply chain.
(2) Highly durable to function properly in its original condition for multiple trips and its lifetime is measured in years.
(3) Repeatedly recovered, inspected, and repaired, if necessary, and reissued into the supply chain for reuse.
(4) Prevented, at the end of its life, from becoming solid waste with a process in place for recovery and recycling at the final destination of the packaging.
(h) “Shipping envelope” means packaging used for the containment, protection, handling, or delivery of smaller goods by a manufacturer or retailer for the user or consumer. A plastic shipping envelope includes, but is not limited to, plastic mailers, envelope mailers, lightweight plastic mailers, padded plastic mailers, poly mailers, poly bubble mailers, plastic shipping mailers, and paper mailers with plastic lining.
(i) “Single-use packaging” means packaging that satisfies any of the following:
(1) Is intended for a single use.
(2) Is regularly discarded, recycled, or otherwise disposed of after a single use.
(3) Is not reusable packaging.
(j) “Small online retailer” means an online retailer that has annual gross sales of less than one million dollars ($1,000,000) in or into the state or that has less than 2,500 shipping units sold and transported in or into the state annually.
(k) “Void fill” means a filler material used to close up the free space in a shipping container and prevent excessive movement. Plastic void fill includes, but is not limited to, sealed air and expanded polystyrene packaging.