[HISTORY: Adopted by the Town Board of the Town of Bedford 6-5-2018 by L.L. No. 7-2018. Amendments noted where applicable.]
A. 
The intent and purpose of this chapter is to encourage consumers in the Town of Bedford to use their own reusable bags for shopping by requiring not less than a $0.10 fee on single-use carry-out bags that are provided at retail stores with over 5,000 square feet of first-floor retail floor space.
B. 
The Town Board hereby finds and determines that more than 100 billion single-use plastic shopping bags are consumed in the United States of America each year (U.S. International Trade Commission).
C. 
The Town Board further finds that Americans consume more than 10 billion single-use paper bags each year (Northwest Region, Waste Management, Waste by the Numbers, 2004).
D. 
The production, transportation, disposal and littering of single-use bags have serious environmental, communal and financial concern (Environment Agency, Government United Kingdom, Evidence: A life cycle assessment of supermarket carrier bags, 2006).
E. 
The Town Board further finds that studies indicate that fees for single-use paper and single-use plastic carry-out bags are effective in reducing the proliferation of paper and plastic single-use carry-out bags and protecting the environment (Government of the District of Columbia, District Department of the Environment, 2012-2013, DDOE; United Kingdom Department for Environment, Food and Rural Affairs).
F. 
Based on studies performed by the Reusable Bag Task Force, it has been determined that stores with under 5,000 square feet of first-floor retail floor space shall be exempt from the fee for single-use carry-out bags because such stores make an insignificant contribution to the use of single-use carry-out bags.
G. 
The Town Board concludes that in lieu of enacting a total ban of plastic bags, the Town of Bedford should instead require certain stores to charge a fee of not less than $0.10 on single-use carry-out bags. If this approach fails to reduce the use of single-use carry-out bags by at least 50% within one year of the effective date, the idea of an outright ban and other measures can be revisited at a later date.
As used in this chapter, the following terms shall have the meanings indicated:
COVERED STORE
An establishment with over 5,000 square feet of first-floor retail floor space that is engaged in the retail sale of personal, consumer or household items, including but not limited to drug stores, pharmacies, grocery stores, supermarkets, convenience stores, food marts, apparel stores, home center and hardware stores, stationery and office supply stores, and food service establishments located within grocery stores, supermarkets, convenience stores or food marts, that provide carry-out bags to customers in which to place purchased items. This term does not include food service establishments located outside of grocery stores, supermarkets, convenience stores or food marts.
FOOD SERVICE ESTABLISHMENT
A place where prepared food is provided for individual portion service directly to a consumer, whether consumption occurs on or off the premises.
PERSON
Any natural person, firm, corporation, partnership or other organization or group, however organized.
RECYCLABLE PAPER BAG
A paper bag that should have the following characteristics:
A. 
Contains no old-growth fiber;
B. 
Is one-hundred-percent recyclable overall and contains a minimum of 40% post-consumer recycled content.
RETAIL SALES
The transfer to a customer of goods in exchange for payment occurring in retail stores, sidewalk sales, farmers' markets and flea markets. The term "retail sales" does not include sales of goods at yard sales, tag sales, and other sales by residents at their homes.
REUSABLE BAG
A bag with handles that is specifically designed and manufactured for multiple reuse and is either made of cloth or other machine-washable material, but not film plastic, or made of durable plastic that is at least 2.25 mils thick. Reusable carry-out bags provided to customers pursuant to this chapter shall be conspicuously labeled as reusable.
REUSABLE BAG TASK FORCE
An advisory committee previously appointed by the Town Board to assist in the development of the retail single-use carry-out bags law. Upon enactment of this chapter, the Reusable Bag Task Force will assist in implementing the law and help ensure its success.
SINGLE-USE CARRY-OUT BAG
A plastic or recyclable paper bag provided by a covered store to a customer at the point of sale and is used to carry goods from such store; provided, however, that such term shall not include any of the following:
A. 
A bag without handles used to carry produce, meats, poultry, fish, dairy, dry goods or other non-prepackaged food items to the point of sale within a covered store or to prevent such food items from coming into direct contact with other purchased items;
B. 
A bag provided by a pharmacy to carry prescription drugs;
C. 
A garment bag;
D. 
A reusable bag; or
E. 
Any other bag exempted from the provisions of this chapter.
A. 
Covered stores shall charge a fee of not less than $0.10 for each single-use carry-out bag provided to any customer. All fees collected by a covered store under this chapter shall be retained by the store. Covered stores shall separately itemize the fee charged pursuant to this chapter on the standard receipt provided to customers.
B. 
No covered store shall charge a fee for, or prevent a customer from using, bags of any type brought by the customer to such store to carry purchased goods from such store.
C. 
Nothing in this chapter shall prohibit customers from carrying away goods that are not placed in a bag.
A. 
Paper carry-out bags provided by covered stores to customers shall contain a minimum of 40% post-consumer recycled content and be conspicuously labeled with the amount of post-consumer recycled content.
B. 
Covered stores shall charge a fee of not less than $0.25 for each reusable bag sold to any customer. All fees collected by a covered store under this section shall be retained by the store.
C. 
Notwithstanding the provisions of § 98-5B, covered stores may provide their customers with reusable bags for less than $0.25 for each reusable bag, or free of charge, from December 1, 2019 to December 31, 2019. Beginning in December 2020, covered stores may provide their customers with reusable carry-out bags for less than $0.25 for each reusable bag, or free of charge, for a two-week period each year from December 1 to December 15.
The Reusable Bag Task Force shall prepare and submit on April 1, 2020, and each April 1 thereafter through April 1, 2023, an annual report for review by the Town Board that includes information on the progress of single-use carry-out bag reduction, including, but not limited to:
A. 
The general effectiveness of this chapter in reducing the use of single-use carry-out bags in the Town and increasing the use of reusable carry-out bags;
B. 
The waste- and litter-reduction benefits of this chapter, including, where practicable, the amount of single-use plastic bags in the waste stream;
C. 
Plastic and paper single-use carry-out bag usage trends since implementation of this local law;
D. 
The number of notices of violation issued pursuant to this chapter; and
E. 
Any cost savings for the Town attributable to single-use carry-out bag reduction, such as reduced contamination of local waterways or reduction in flooding or combined sewer overflows.
F. 
While this law exempts delicatessens and restaurants, it is further recommended that a pilot program be instituted by the Reusable Bag Task Force, which pilot program will include five to seven delicatessens and restaurants that will voluntarily decrease plastic/Styrofoam containers and single-use carry-out bags in these locations as part of an effort to decrease litter in Town. If the pilot program is successful, the Town Board may consider including delicatessens and restaurants as covered stores as defined in this chapter.
G. 
The Reusable Bag Task Force will evaluate and recommend whether it is appropriate for other stores to be included as covered stores as defined in this chapter.
H. 
If the Reusable Bag Task Force finds that single-use carry-out bag use has not decreased among the covered stores by 50% or more during the twelve-month period beginning with the effective date of this chapter, then the Town Board may consider one or more of the following revisions to this chapter: an increase in the fee, an outright ban on single-use plastic bags and expansion of the definition of "covered stores" to include additional establishments.
The provisions of this chapter shall be enforced by the Police Department of the Town of Bedford, the Town Code Enforcement Officer or other officials designated by the Town Board.
Any person violating any provision of this chapter shall be subject to a fine not exceeding $250 for the first violation, $500 for the second violation and $1,000 for the third violation, or each violation thereafter. The continuation of a violation of the provisions of this chapter shall constitute, for each day the violation continues, a separate and distinct violation hereunder.