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.