[HISTORY: Adopted by the Board of Supervisors
of the Township of Uwchlan 9-12-2022 by Ord. No. 2022-06. Amendments noted
where applicable.]
The purpose of the chapter is to encourage consumers and commercial
establishments within the Township to help reduce the use and environmental
impact of single-use plastics by promoting the use of reusable bags,
utilizing alternatives to single-use plastic straws, training employees
to ask customers first before providing a single use plastic item,
and substituting other biodegradable products for polystyrene food
containers.
For purposes of this chapter, the following definitions shall
apply:
Any person, corporation, partnership, business venture, vendor,
or retail sales establishment located within the Township that regularly
sells, rents, or provides food, merchandise, goods, or materials,
whether perishable or nonperishable, for direct use or consumption
and not for resale, whether or not for profit, including, but not
limited to: restaurants (eat-in and/or take-out food), food trucks,
farmers' markets, bars, pharmacies, convenience and grocery stores,
seasonal and temporary businesses or markets, service stations, delicatessens,
retail stores, delivery services, or other similar nonresidential
uses.
The vending, sale, giving, deployment, or delivering for
any purpose of a single-use carry-out plastic bag, a single-use plastic
straw, or polystyrene food container whether or not incident to the
sale, vending, or production of any merchandise or beverage.
A nonrecyclable plastic disposable food or drink container
made of synthetic resin of polystyrene (one example is known as Styrofoam®)
which is for single use and intended for serving or transporting ready-to-eat
food or beverages. This definition includes cups, plates, trays, bowls,
and hinged or lidded containers, but does not apply to cup lids.
Any bag without handles used exclusively to carry produce,
meats, fish, other foods items, merchandise, or bulk items such as
nuts, grains, or candy to the point of sale inside a store; to prevent
such items from coming in direct contact with other purchased items;
to contain unwrapped prepared foods or bakery goods; or to contain
or wrap flowers, potted plants, or similar items.
A paper bag that meets all of the following criteria:
Is 100% recyclable;
Contains no old growth fiber;
Contains a minimum of 40% post-consumer recycled content; and
Displays the word "Recyclable" in a highly visible manner on
the outside of the bag, and is labeled with the name of the manufacturer,
the location (country) where manufactured, and the percentage of post-consumer
recycled content in an easy-to-read size font.
A bag that meets all of the following criteria:
A bag that is made predominantly of plastic and is made using
a blown-film extrusion process, other than a reusable bag, as defined
below, provided at the check-out stand, cash register, point of sale,
or other point of departure for the purpose of transporting food or
merchandise out of the establishment. A single-use plastic carry-out
bag shall not include any of the following:
Produce bags or product bags;
Laundry or dry-cleaner bags;
Bags used to contain a newspaper for home delivery; or
Any bags provided for use by a commercial establishment operated
by the Commonwealth of Pennsylvania, or otherwise provided by a federal,
commonwealth, or local government agency.
A straw sold or distributed for the purpose or intent of
transferring a beverage from its container to the mouth of the drinker
by suction, which is made predominantly of plastic and which is primarily
intended for a single use. The term shall also include a plastic stirrer,
a device used to mix beverages, intended for a single use, and made
predominantly from plastic. The term "single-use plastic straw" shall
not include straws or stirrers composed of nonplastic materials, such
as bamboo, sugar cane, wood, or paper. The term "single-use plastic
straw" shall not include straws provided under the following circumstances:
When provided with a beverage on private property used as a
residence;
When provided by a state, federal or local government agency;
When packaged with beverages prepared and packaged outside of
the Township, provided such beverages are not altered, packaged or
repackaged within the Township; or
When provided as an assistance device to reasonably accommodate
a disability.
A.
Restrictions on single-use carry-out plastic bags. Except as provided
in this chapter, beginning 180 days after the effective date of this
chapter, no commercial establishment shall provide a single-use carry-out
plastic bag to a customer, patron, or user of the commercial establishment
at the check-out, stand, cash register, point of sale, or other point
of departure for the purposes of transporting food or merchandise
out of the commercial establishment.
(1)
A commercial establishment may make available for sale to a customer,
patron, or user of the commercial establishment recyclable paper bags
for a uniform charge of $0.15 per recyclable paper bag.
(2)
A commercial establishment may make available for sale or otherwise
to a customer, patron, or user of the commercial establishment reusable
bags.
(3)
Any charge for a recyclable paper bag or reusable bag shall be separately
stated on a receipt provided to the customer, patron, or user of the
commercial establishment at the time of sale and shall be identified
as the "carry-out bag charge" thereon.
(4)
All monies collected by a commercial establishment for the sale of
recyclable paper bags or reusable bags under this chapter may be retained
and used by the commercial establishment for any lawful purpose.
(5)
All commercial establishments must post within such commercial establishment
signage clearly indicating the per bag charge for recyclable paper
bags or reusable bags.
(6)
A commercial establishment shall not be required to charge the fee set forth in Subsection A(1) to a customer, patron or user, for any goods purchased with Supplemental Nutrition Assistance Program (SNAP), Pennsylvania Special Supplemental Nutrition Program for Women, Infants and Children (WIC) or Temporary Assistance for Needy Families (TANF) benefits.
(7)
No commercial establishment shall rebate or otherwise reimburse a customer, patron, or user of the commercial establishment any portion of the charge required in Subsection A(1) above. Any waiver of the charge by the commercial establishment or any reimbursement in any form to a customer, patron, or user of the commercial establishment for any portion of the charge for the provision of a Recyclable Paper Bag is a violation of this chapter.
B.
Signage requirement.
(1)
For 180 days after the effective date of this chapter, commercial
establishments shall be required to post at all check-out stands,
cash registers, points of sale, or other points of departure from
the commercial establishment, conspicuous signage which shall:
(a)
Inform customers, patrons, or users of the commercial establishment
that single-use carry-out plastic bags will no longer be provided
by the commercial establishment as of the date the prohibition begins;
(b)
State the mandatory uniform charge of $0.15 per bag for any
Recyclable Paper Bag that will be provided by the commercial establishment;
(c)
Provide the date such charges for recyclable paper bags will
begin to be collected;
(d)
Explain what types of bags and uses are impacted; and
(e)
Provide any other information the Township may require by regulation.
(2)
Signage may also state that reusable bags are available to a customer,
patron, or user of the commercial establishment for sale or otherwise.
C.
Permitted bags and carry-outs. Nothing in this chapter shall be construed
to prohibit customers, patrons, or users of the commercial establishment
from:
(1)
Using bags of any type that the customers, patrons, or users of the
commercial establishment bring to the commercial establishment for
their own use; or
(2)
Carrying away from the commercial establishment by other means any
items that are not placed in a bag provided by the commercial establishment.
Except as provided in this chapter, beginning 180 days after
the effective date of this chapter, commercial establishments are
prohibited from providing single-use plastic straws or polystyrene
food containers to a customer, patron, or user of the commercial establishment
under any circumstance, unless subject to an exemption. The prohibition
set forth in this section shall not apply to single-use plastic straws
or polystyrene food containers such as plates, cups, and bowls, which:
The Township may, in its sole discretion, upon written request
of a commercial establishment, exempt a commercial establishment from
the requirements of this chapter for a period of not more than one
year from the Effective Date upon a finding by the Board that the
requirements of this chapter would cause undue hardship to the commercial
establishment. The Board may make a finding of undue hardship only
in the following circumstances or situations, and any exemptions that
may be provided by the Board pursuant hereto may, in the Board's
discretion, contain conditions:
A.
The commercial establishment has a unique circumstance or situation
such that there are no reasonable alternatives to single-use carry-out
plastic bags, single-use plastic straws, or polystyrene food containers;
B.
Compliance with the requirements of this chapter would deprive a
commercial establishment of a legally protected right;
C.
Additional time is necessary in order to draw down an existing inventory
held by the commercial establishment of single-use carry-out plastic
bags, single-use plastic straws, or polystyrene food containers.
A.
The Township Manager or his/her designee(s) shall have the primary
responsibility for enforcement of this chapter.
B.
Failure of any commercial establishment to comply with the provisions
of this part or any section thereof, upon conviction thereof in an
action brought before a Magisterial District Judge in the manner provided
for the enforcement of summary offenses under the Pennsylvania Rules
of Criminal Procedure, shall be sentenced to pay fines as set forth
in this section, plus costs.
C.
If the Township Manager or his/her designee(s) determines that a
violation under this chapter has occurred, and such violation is the
first such violation of the commercial establishment noted hereunder,
the Township Manager or his/her designee(s) shall issue a written
warning ("written warning") to the commercial establishment which
shall notify the commercial establishment that the violation has occurred.
No other written warning of any kind shall be required at any time
under this chapter.
D.
If the Township Manager or his/her designee(s) determines that a
violation under this chapter has occurred, and such violation occurs
after the commercial establishment has been previously warned pursuant
to the preceding subsection, then the first such violation subsequent
to the written warning ("first violation") shall be punishable by
a fine not to exceed $250.
E.
Each violation of the commercial establishment subsequent to the
first violation shall be punishable by a fine not to exceed $500.
F.
The Township may institute suits, in equity or at law, to restrain,
prevent, or abate a violation of this chapter. Such proceedings may
be initiated before any court of competent jurisdiction. The expense
of such proceedings shall be recoverable from the violator in any
manner as may now or hereafter be provided by law.
