Plastic bags are often discarded into the environment, resulting
in waterway pollution, storm drainage issues, marine life endangerment,
and litter, which, in turn, creates economic and social burdens and
costs to Fairfield. The purpose of this article is to encourage the
use of reusable checkout bags to mitigate the adverse impacts of plastic
bag usage and to improve and maintain Fairfield's natural resources.
The following words, terms, and phrases, when used in this article,
shall have the following meanings:
CHECKOUT BAG
A bag of any material, commonly plastic or paper, that is
provided to a customer at the point of sale to carry purchases out
of the retail establishment. The term shall not include:
A.
Bags used by customers 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;
(5)
Contain unwrapped prepared foods or bakery goods; or
(6)
Contain pharmacy prescriptions.
B.
Newspaper bags, door-hanger bags, or laundry/dry-cleaning 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.
RECYLCED PAPER CHECKOUT BAG
A paper bag that:
A.
Contains no old growth fiber;
B.
Is 100% recyclable;
(1)
Contains a minimum of 40% post-consumer recycled content (except
that an eight-pound or smaller paper bag shall contain a minimum of
20% post-consumer recycled content); and
(2)
Conspicuously displays the phrase "reusable" and "recyclable"
on the outside of the bag and the percentage of post-consumer recycled
content.
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 customer 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, 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 CHECKOUT BAG
A bag with handles that is specifically designed and manufactured
for multiple reuse and that is made of 1) cloth, fiber, or other machine-washable
fabric, and/or 2) durable plastic that is at least 12.0 mils (thousandths
of an inch) thick. A reusable checkout bag shall 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 the 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 as of 12:01 a.m. Eastern
standard time on February 1, 2020.