[HISTORY: Adopted by the City Council of the City of Springfield 4-22-2019. Amendments noted where applicable.]
The following words shall, unless the context clearly requires
otherwise, have the following meanings:
The Commissioner of Health and Human Services or their designee.
The American Society for Testing and Materials (ASTM) International
Standard Specification for Compostable Plastics.
ASTM International Standard Specification for Biodegradable
Plastics in the Marine Environment.
A carryout bag provided by a store to a customer at the point
of sale. Checkout bags shall not include:
Bags, whether plastic or not, in which loose produce or products
are placed by the consumer or manufacturer to deliver such items to
the point of sale or checkout area of the store; or
Laundry or dry-cleaner bags; or
Newspaper bags; or
Bags to contain or wrap produce, frozen foods, meat or fish,
whether prepackaged or not, to prevent or contain moisture.
A nonplastic bag without handles in which prepared food is placed.
A bag provided by a pharmacy to a costumer purchasing a prescription
medication.
A plastic bag that:
The City's Department of Health and Human Services.
A plastic bag that conforms to the current ASTM D7081 standard
specification for marine degradability; and conforms to any other
standards deemed acceptable by the Department, provided additional
Department-approved standards are as stringent as ASTM D7081.
A paper bag that is:
Any retail space located in the City including, without limitation,
a restaurant, food or ice cream truck, convenience store, retail pharmacy,
or supermarket.
A sewn bag with stitched handles that:
A.
If any retail establishment as defined in § 282-1 provides a checkout bag to customers, the bag shall comply with the requirements of being either a recyclable paper bag, a compostable and marine-degradable plastic bag, or a reusable checkout bag.
B.
A store that provides any type of checkout bag may provide them for
free or at such cost they deem appropriate. All moneys collected pursuant
to this chapter shall be retained by the store.
C.
Any charge for a checkout bag shall be separately stated on a receipt
provided at the time of sale and shall be identified as the "checkout
bag charge" thereon.
D.
The Director may promulgate rules and regulations to implement this
section.
A.
Each retail establishment shall comply with this chapter.
(1)
If it is determined that a violation has occurred, the Director shall
issue a warning notice to the retail establishment for the initial
violation.
(2)
If an additional violation of this chapter has occurred within one
year after a warning notice has been issued for an initial violation,
the Director shall issue a notice of violation and shall impose a
penalty against the retail establishment.
(4)
No more than one penalty shall be imposed upon a retail establishment
within a seven-calendar-day period.
(5)
A retail establishment shall have 30 calendar days after the date
that a notice of violation is issued to pay the penalty.
B.
The Department of Health and Human Services shall notify all retail
and food service establishments, in writing, by mail of the effective
date of this chapter by June 30, 2019.
All of the requirements set forth in this chapter shall take
effect June 1, 2020, for retail establishments 10,000 square feet
and greater and December 1, 2020, for retail establishments less than
10,000 square feet.
It is the intention of the City Council that each separate provision
of this chapter shall be deemed independent of all other provisions
herein, and it is further the intention of the City Council that if
any provision of this chapter be declared to be invalid by a court
of competent jurisdiction, the remaining provisions of this chapter
shall remain valid and enforceable.
The City Council's Committee on Sustainability and Environment
shall review this chapter 12 months from initial implementation.