[Adopted 7-29-2011 by L.L. No. 6-2011]
As used in this article, the following terms shall have the
indicated meanings:
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.
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 the customers to the point of sale.
A paper bag that should have the following characteristics:
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.
A bag with handles that is specifically designed and manufactured
for multiple reuse and is:
A.
Any person engaged in retail sales shall provide only reusable bags
and/or recyclable paper bags as checkout bags to customers. Persons
engaged in retail sales are prohibited from providing checkout bags
to customers.
B.
Nothing in this section shall preclude persons engaged in retail
sales from making reusable bags available for sale to customers.
The restriction set forth in § 231-2 shall become operative six months following the date of enactment of the local law adding this article, 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.
Any person committing an offense against any provision of this
article shall, upon conviction thereof, be guilty of a violation pursuant
to the Penal Law of the State of New York, punishable by a fine not
exceeding $1,000 or by imprisonment for a term not exceeding 15 days,
or by both such fine and imprisonment. The continuation of an offense
against the provisions of this article shall constitute, for each
day the offense is continued, a separate and distinct offense hereunder.