The purpose of this article is to preserve and protect the environment
in the City of Norwalk and encourage the use of reusable carry-out
bags by reducing the use of carry-out bags made of plastic and prohibiting
the use of carry-out bags made of nonrecyclable paper.
As used in this article, the following terms shall have the
meanings indicated:
CARRY-OUT BAG
A bag of any material, commonly plastic or kraft paper, that
is provided to a consumer at the point of sale to carry purchases
out of the establishment. The term shall not include:
A.
Bags used by consumers inside a retail establishment to:
(1)
Package bulk items, such as fruit, vegetables, nuts, grains,
candy, or small hardware items;
(2)
Contain or wrap frozen foods, meat, or fish, whether prepackaged
or not;
(3)
Contain or wrap flowers, potted plants, or other items where
dampness may be a problem;
(4)
Segregate food or merchandise that could damage or contaminate
other food or merchandise when placed together in a bag; or
(5)
Contain unwrapped prepared foods or bakery goods.
B.
Newspaper bags, door-hanger bags, or laundry-dry-cleaning or
garment bags.
C.
Bags sold in packages containing multiple bags intended for
use as garbage, pet waste, or yard waste bags.
D.
Bags of any type that customers bring to a retail establishment
for their own use.
E.
Bags provided by pharmacists to contain prescription drugs.
RETAIL ESTABLISHMENT
Any person, corporation, partnership, business, or other
organization or group, however organized, that transfers merchandise,
goods, or materials, including, without limitation, clothing, food,
or personal items of any kind, directly to a consumer in exchange
for payment. The term includes, by way of example and not limitation,
any grocery store, grocery delivery service, department store, clothing
store, hardware store, hospital, pharmacy, liquor store, restaurant,
delicatessen, convenience store, food truck, sidewalk vendor, farmers'
market, flea market, and any other retail store or vendor. The term
shall not include the sale of goods at yard sales, tag sales, or other
sales by residents at their home.
REUSABLE CARRY-OUT BAG
A bag with handles that is specifically designed and manufactured
for multiple reuse that 1) is made of a) cloth, fiber, or other machine
washable fabric or b) durable plastic that is at least 12.0 mils (thousandths
of an inch) thick, and 2) does not contain lead, cadmium, or any other
toxic material, as defined by applicable state and federal standards
and regulations for packaging or reusable bags.
If any section, clause, sentence or provision of this article
shall be adjudged by a court of competent jurisdiction to be invalid
or unenforceable, such adjudication shall not affect the validity
or enforceability of any other provision hereof, and the applicability
thereof to other persons or circumstances shall not be affected thereby.
This article shall become effective six months following its
adoption by the Common Council in order to allow retail establishments
time to dispose of their existing inventory of carry-out bags made
of plastic and convert to alternative packaging materials compliant
with this article.