This chapter is made by the authority of a vote of the inhabitants
of the Town of Yarmouth while acting on Article 31 of the Warrant
for Town Meeting held on May 6, 2017, and shall continue in force
until altered, amended, rescinded or repealed by Town Meeting.
The production and use of disposable plastic bags has significant
impacts on the marine and land environment of all coastal communities,
including but not limited to: contributing to the potential death
of marine and terrestrial animals through ingestion and entanglement;
contributing to pollution of the land and coastal environment; clogging
our storm drainage systems; creating a burden on our solid waste collection
and recycling efforts; and requiring the use of millions of barrels
of nonrenewable, polluting, fossil fuel nationally for their manufacture.
Therefore, the purpose of this chapter is to eliminate the use of
disposable plastic checkout bags by all establishments as defined
herein in the Town of Yarmouth.
For purposes of this chapter, the following words shall have
the following meanings.
BIOPLASTIC MATERIALS
Substances made from renewable, organic, biomass sources
(living organisms and their residues) such as agricultural by-products,
vegetable fats and oils, cornstarch, or microbiota, rather than fossil
fuels. For purposes of this bylaw, bags made of bioplastic materials
must be compostable.
CHECKOUT BAG
Any bag that is provided at the point of sale to a customer
of an establishment for use to transport or carry away purchases,
such as merchandise, goods or food, except as otherwise exempted under
this chapter.
COMPOSTABLE
Conforming to the most current ASTM D6400 standard for compostability.
CUSTOMER
Any person purchasing goods articles, food or personal services
from an establishment.
ESTABLISHMENT
Any business selling goods, articles, food or personal services
to the public, including public eating establishments and take-out
restaurants.
OPERATOR
The person in control of, or having the responsibility for,
the operation of an establishment, which may include, but is not limited
to, the owner.
PERSON
Any natural person, firm, corporation, partnership, or other
organization or group, however organized.
PLASTIC BAG
Any bag made of plastic derived from either petroleum, ethylene
derived from natural gas, polyethylene, polyethylene terephthalate,
polyvinyl chloride, polypropylene, or nylon.
PRODUCT BAG
A bag integrated into the packaging of the product.
RAW FOOD AND BULK ITEM BAGS
Bags used by customers to package bulk items, such as fruit,
vegetables, nuts, grains, candy, hardware, pharmacy, or other items;
contain or wrap fresh or frozen foods, including meat or fish, whether
pre-packaged or not; or contain or wrap flowers, potted plants, or
other items where dampness may be a problem.
RECYCLABLE PAPER BAGS
Paper bags with or without handles provided at the point
of sale to a customer of an establishment for use to transport or
carry-away purchases, such as merchandise, goods or food, etc. and
that are 100% recyclable, and contain a minimum of 40% postconsumer
recycled paper content, and have all the following information printed
in a visible manner on the outside of the bag: the word "recyclable,"
the name and country of the manufacturer, and the percentage of postconsumer
recycled paper content.
REUSABLE BAG
A bag specifically designed and manufactured for long-term,
multiple reuses made of cloth, fabric or other durable. washable materials.
Disposable plastic checkout bags shall not be sold, provided,
or distributed to a customer or any other person by any person, owner,
or operator of any establishment within the Town of Yarmouth.
Any raw food and bulk item bags made available by establishments
must be made of bioplastic materials, 100% recyclable paper made with
at least 40% postconsumer recycled material, FDA-approved compostable
cellophane or other cellulosic material, or compostable unbleached
wax paper made with non-petroleum-based wax.