[HISTORY: Adopted by the Annual Town Meeting of the Town
of Marshfield 4-23-2018 by Art.
34. Amendments noted where applicable.]
A.
Findings.
(1)
Thin plastic bags are harmful to the environment and waterways and
therefore contribute to the potential death of marine and other wildlife.
(2)
Thin plastic bags clog storm drains and litter public places, beaches,
and local waterways, including the North and South Rivers and the
Green Harbor River, and contribute to the overall volume of solid
waste.
(3)
Thin plastic bags are made from fossil fuels, a nonrenewable resource.
(4)
Thin plastic bags are not biodegradable or compostable, are not acceptable
in Marshfield's curbside recycling bins, and only a small percentage
are returned to stores for recycling.
(5)
Thin plastic bags break down into microplastics which enter our waters,
soil and air and pollute our food chain and endanger our health.
(6)
Currently 60 Massachusetts cities and towns, including Plymouth,
Duxbury, Bridgewater, and much of Cape Cod, have passed plastic bag
bans, and more have bylaws pending.
B.
Intent. The Town of Marshfield hereby enacts this bylaw to help reduce
the deterioration of the environment and the ensuing potential health
risks by eliminating the use of thin plastic carry-out bags at the
point of sale and promoting the use of reusable bags.
Any business selling food, good, articles, or personal services
to the public.
A thin film plastic bag with handles provided to a customer
by an establishment and used to transport merchandise from the establishment.
Plastic carry-out bags do not include those plastic bags typically
without handles used to contain dry cleaning, newspapers, or small
bags used to contain fish, meat, produce or other products provided
to the consumer, free of charge, to deliver items to the point of
sale.
A paper bag that is 100% recyclable and contains at least
40% post-consumer recycled paper content and is provided free of charge
to the customer.
A bag with stitched-on handles that is made solely of or
in a combination of natural cloths, synthetic fibers, or other washable
material and is specifically designed for multiple reuse. These bags
are generally sold to the customer for a reasonable cost.
No establishment in the Town of Marshfield, as defined in § 191-2 shall provide thin plastic carry-out bags, as defined in § 191-2. Establishments in the Town of Marshfield, as defined in § 191-2, shall only provide reusable carry-out bags that comply with the definition in § 191-2 or recyclable paper bags, as defined in § 191-2, at the point of sale.
A.
All of the requirements set forth in this bylaw shall take effect
within six months of the approval of the bylaw by the Office of the
Massachusetts State's Attorney General and satisfaction of the
posting/publication requirements of MGL c. 40 § 32. However,
if a retail establishment cannot comply with the effective date of
this bylaw due to economic hardship, the establishment may petition
the Board of Health for an extension of six months.
C.
Whoever, himself or by his servant or agent or as the servant or
agent of any other person or firm or corporation, violates any of
the provisions of these regulations may be penalized by a noncriminal
disposition process as provided in MGL c. 40, § 21D. Each
day of violation after written notice is a separate violation.
If any provision of this bylaw 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 bylaw,
which shall remain in full force and effect.
