[HISTORY: Adopted 5-6-2017 ATM
by Art. 31, approved 8-30-2017.[1] Amendments noted where applicable.]
[1]
Editor's Note: This chapter was adopted as Ch. 160, and was
renumbered to fit the organization of the Code.
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until altered, amended, rescinded or repealed by Town Meeting.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.
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.
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.
Conforming to the most current ASTM D6400 standard for compostability.
Any person purchasing goods articles, food or personal services
from an establishment.
A plastic checkout bag with a thickness of less than 4.0
mils.
Any business selling goods, articles, food or personal services
to the public, including public eating establishments and take-out
restaurants.
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.
Any natural person, firm, corporation, partnership, or other
organization or group, however organized.
Any bag made of plastic derived from either petroleum, ethylene
derived from natural gas, polyethylene, polyethylene terephthalate,
polyvinyl chloride, polypropylene, or nylon.
A bag integrated into the packaging of the product.
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.
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.
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.
A.
The following are exempt and not subject to the pro visions of this
chapter:
B.
Nothing in this chapter prohibits customers from using bags of any
type that they bring to the grocery store, food provider, or other
establishment themselves or from carrying away goods that are not
placed in a bag. Customers are encouraged to bring their own reusable
bags to the aforesaid establishments.
C.
Establishments may and are strongly encouraged to distribute paper
bags, reusable bags, and boxes available to customers with or without
charge and educate their staff to promote reusable bags and post signs
encouraging customers to use washable reusable bags.
A.
Upon written request to the Board of Health or its designee and demonstration
of how this chapter would cause undue hardship to the establishment,
such establishment may receive temporary, one-time deferment of this
chapter to their operation for up to three months.
B.
All applications for deferment must include all information necessary
for the Board of Health or its designee to make its decision, including
but not limited to documentation showing factual support of undue
hardship for the claimed deferment. Undue hardship is defined as a
situation unique to the establishment in which there are no reasonable
alternatives to the use of disposable plastic checkout bags or to
comply with the requirement that raw food and bulk item bags be made
of bioplastic materials, and compliance with this chapter would create
significant economic hardship for the establishment.
C.
The Board of Health or its designee shall issue a decision, with
or without conditions, on an application for a deferment within 60
days of receipt of the application.
A.
The Board of Health, the Director of Public Health, and persons designated
by the Director of Public Health shall have the authority to administer
and enforce this chapter.
B.
Any enforcing person shall have the right to enter any establishment
during regular business hours, without a search or inspection warrant,
to make reasonable inspection to ascertain whether there is compliance
with the provisions of this chapter. Upon finding a violation of this
chapter, an enforcing person shall issue a written warning notice
to the operator of the establishment that a violation has occurred
and the potential penalties that will apply for future violations.
A.
Any establishment that violates or fails to comply with this chapter
shall be subject to the following penalties to be enforced in law
or equity by any means, including without limitation noncriminal disposition
pursuant to G. L. c. 40, § 21D, provided that no more than
one penalty after written warning shall be imposed upon an establishment
within a seven-day calendar-day period:
B.
The Yarmouth Board of Health, after a public hearing, may suspend,
revoke, or deny any license or permit issued by the Board of Health
for violations of this chapter.
C.
Nonpayment of fines may result in the suspension, revocation, or
denial of other Town-issued license(s) or permits in accordance with
MGL c. 40, § 57.
A.
If any provision of this chapter shall be held to be invalid by a
court of competent jurisdiction, then such provision shall be considered
separately and apart from the remaining provisions of this chapter,
which shall remain in full force and effect.
B.
This chapter shall take effect 12 months following the effective
date of the bylaw to allow time for establishments to use their existing
inventory of disposable plastic checkout bags and to convert to alternative
packaging materials.
