For purposes of this chapter, the following definitions shall
apply:
APPLICABLE BUSINESS
A.
Any of the following retail establishments located within the
Town of New Castle:
(1)
A full-line, self-service retail store with gross annual sales
of $2,000,000 or more that sells a line of dry grocery, canned goods,
or nonfood items and some perishable items.
(2)
A drug store, pharmacy, supermarket, grocery store, convenience
food store, farmer's market vendor, food mart, food market, minimart
or gasoline station store.
B.
"Applicable business" does not include a restaurant, deli or
any other business that receives 90% or more of its revenue from the
sale of prepared food to be eaten on or off its premises.
CARRYOUT BAG COST PASS-THROUGH
The cost which must be collected by an applicable business
from their customers when providing a reusable bag or recycled paper
bag.
EXEMPT BAG
A.
A bag used solely to contain or wrap uncooked meat, fish, seafood,
poultry, other unwrapped or non-prepackaged food, flower, plant, or
other item for the purpose of separating it from other items to avoid
contamination, prevent damage from moisture, or for sanitary, public
health, or environmental protection purposes;
B.
A bag used solely to package items from bulk containers, including
fruits, vegetables, grains, candy, small hardware items (such as nuts,
bolts, and screws), live insects, fish, crustaceans, mollusks, or
other aquatic items requiring a waterproof bag;
C.
A bag used solely to contain food sliced or prepared to order;
D.
A bag used solely to contain a newspaper for delivery to a subscriber
of such newspaper;
E.
A bag sold in bulk quantities to a consumer at the point of
sale that were specifically prepackaged in a manner to allow for bulk
sale (for example, quantities of bags prepackaged in individual presealed
boxes) or prepackaged in individual boxes or containers for sale to
a customer;
F.
A bag sold as a trash bag;
G.
A bag sold as a food storage bag, such as those in snack, sandwich,
quart, and gallon sizes;
H.
A bag used as a garment bag, such as over-the-hanger bags or
those used by a dry cleaner or laundry service;
I.
A plastic carryout bag provided by a restaurant, tavern or similar
food service establishment, as defined in § 14-1.20 of the
New York State Sanitary Code (10 NYCRR § 14-1.20), to carry
out or deliver food;
J.
A bag provided by a pharmacy to carry prescription drugs; or
FILM PLASTIC
A flexible sheet or sheets of petroleum or non-petroleum
based plastic resin or other material (not including a paper carryout
bag), less than 10 mils in thickness, commonly used in and as packaging
products, which include, but are not limited to, plastic carryout
bags, newspaper bags, garment bags, shrink-wrap, and other plastic
overwrap.
PLASTIC CARRYOUT BAG
Any plastic bag, other than an exempt bag, that is provided
to a customer by a person required to collect tax to be used by the
customer to carry tangible personal property, regardless of whether
such person required to collect tax sells any tangible personal property
or service to the customer, and regardless of whether any tangible
personal property or service sold is exempt from tax under Article
28 of the New York State Tax Law.
POSTCONSUMER MATERIAL
A material that, having completed its intended end use or
productive life, is ordinarily disposed of through solid waste disposal.
"Postconsumer material" does not include materials and byproducts
generated from, and commonly reused within, an original manufacturing
and fabrication process.
RECYCLED PAPER BAG
A paper single-use carryout bag provided by an applicable
business to a customer at the point of sale that meets all of the
following applicable requirements:
A.
Except as otherwise provided in this section, the recycled paper
bag contains a minimum of 40% postconsumer materials;
B.
An eight-pound-rated or smaller recycled paper bag shall contain
a minimum of 20% postconsumer material;
C.
The recycled paper bag is accepted for curbside recycling in
New Castle;
D.
The recycled paper bag is capable of composting, consistent
with the timeline and specifications of the American Society of Testing
and Materials (ASTM) Standard D6400, as published in September 2004;
and
E.
Printed on the recycled paper bag are the percentage of postconsumer
material content and the word "recyclable."
RETAIL ESTABLISHMENT
Any corporation, partnership, business, facility, vendor,
or organization located in the Town of New Castle that sells or provides
merchandise, goods or materials, including, without limitation, clothing,
food, or personal items of any kind, directly to a consumer. "Retail
establishment" includes, without limitation, any department store,
drug store, pharmacy, supermarket, grocery store, convenience food
store, food mart, food market, liquor store, minimart, gasoline station
store, hardware store, deli, restaurant, farmer's market vendor,
and any other retail store or vendor.
REUSABLE BAG
A bag that:
A.
Is either made of cloth or other machine washable fabric; or
other non-film plastic washable material; and
B.
Has at least one strap or handle that does not stretch and is fastened to the bag in such a manner that it allows the bag to meet the strength and durability standards set forth in Subsection
C and
D below; and
C.
Has a minimum lifespan of 125 uses, with a use equal to the
ability to carry a minimum of 22 pounds over a distance of at least
175 feet; and
D.
Has a minimum fabric weight of 80 grams per square meter (GSM)
or equivalent for bags made of any non-film plastic of natural, synthetic,
petroleum based, or non-petroleum-based origin, including woven or
nonwoven polypropylene (PP), polyethylene-terephthalate (PET), cotton,
jute, or canvas.
The carryout bag cost pass-through shall not apply to any customer
using the supplemental nutritional assistance program, special supplemental
nutrition program for women, infants and children, or any successor
programs used as full or partial payment for the items purchased.
Any person or entity in violation of this chapter shall be guilty
of a violation and shall receive a warning for the first violation,
may be subject to a fine in the amount of $150 for the second violation;
$200 for the third violation, and $250 for the fourth and subsequent
violations occurring within a one-year period.