The purpose of this article is to improve the environment in
the Village of Southampton by encouraging the use of reusable checkout
bags and banning the use of plastic bags for retail checkout of purchased
goods. Retail establishments are encouraged to make reusable bags
available for sale. Non-biodegradable plastic bags often are discarded
into the environment and end up polluting waterways, clogging sewers,
endangering marine life and causing unsightly litter. These bags last
hundreds of years in landfills and are a potential source of harmful
chemicals when they do break down.
As used in this article, the following terms shall have the
indicated meanings:
CHECKOUT BAG
A carryout bag that is provided to a customer at the point
of sale. The term "checkout bag" does not include plastic produce
bags or plastic bags measuring 28 inches by 36 inches or larger in
size.
PLASTIC PRODUCE BAG
A flexible container made of very thin plastic material with
a single opening that is used to transport produce, meats or other
items selected by customers to the point of sale.
RETAIL SALES
The transfer to a customer of goods in exchange for payment
occurring in retail stores, sidewalk sales, farmers' markets, flea
markets and restaurants. The term "retail sales" does not include
sales of goods at yard sales, tag sales, other sales by residents
at their home, and sales by nonprofit organizations.
RECYCLABLE PAPER BAG
A paper bag that should have the following characteristics:
(1) contains no old-growth fiber, (2) is 100% recyclable overall and
contains a minimum of 40% postconsumer recycled content, and (3) displays
the words "reusable" or "recyclable" on the outside of the bag.
REUSABLE BAG
A bag with handles that is specifically designed and manufactured
for multiple reuse and is made of cloth or other fabric, and/or made
of durable plastic that is at least 2.25 mils thick.
The restriction set forth in §
82-32A shall become operative six months following the date of enactment of the local law adding this article to this chapter, so as to allow retail establishments a period of time within which to dispose of their existing inventory of plastic checkout bags and convert to alternative packaging materials.
[Amended 8-13-2020 by L.L. No. 7-2020]
Any person who violates this article or fails to comply with any of its requirements shall, upon conviction thereof, be subject to the penalties provided in Article
II of Chapter
1 of the Code of the Village of Southampton.