For purposes of this chapter, the following terms shall be defined
as follows:
COMMERCIAL ESTABLISHMENT
Any store or retail establishment that sells perishable or
nonperishable goods, including, but not limited to, clothing, food,
and personal items, directly to the customer and is located within
or doing business within the geographical limits of the Narberth Borough.
Commercial establishments include, but are not limited to, a business
establishment that generates a sales or use tax; a drugstore, pharmacy,
supermarket, grocery store, farmers market, delicatessen, service
station, a temporary or seasonal market or vendor, food truck, convenience
food store, food mart, or other commercial entity engaged in the retail
sale of a limited line of goods that include milk, bread, soda and
snack foods; a public eating establishment (i.e., a restaurant, take-out
food establishment, or any other business that prepares and sells
prepared food to be eaten on or off its premises or delivered off-premises);
and a business establishment that sells clothing, hardware, or any
other nonperishable goods.
CUSTOMER
Any person purchasing goods or services from a commercial
establishment, whether directly or through a delivery service. A customer
shall include a person receiving goods from a commercial establishment
to deliver to another person who purchased such goods.
EXPANDED POLYSTYRENE
Blown polystyrene and expanded and extruded foams that are
thermoplastic petrochemical materials utilizing a styrene monomer
and processed by a number of techniques, including: fusion of polymer
spheres, known as expandable bead polystyrene; injection molding;
foam molding; and extrusion-blow molding, also known as extruded foam
polystyrene. Styrofoam shall be included as expanded polystyrene.
EXPANDED POLYSTYRENE FOOD SERVICE PRODUCT
A product made of synthetic resin of polystyrene or expanded
polystyrene that is used for selling, providing, or transporting food
or beverages including, but not limited to, food containers (including
"clamshell," hinged, or lidded packaging/food containers), plates,
hot and cold beverage cups, and/or trays. However, an expanded polystyrene
food service product shall not include:
A.
Food, beverages, or other items that have been packaged in expanded
polystyrene outside Narberth Borough for general distribution;
B.
A product made of expanded polystyrene that is used to package
raw, uncooked, or buttered meat, fish, poultry, or seafood;
C.
A package or container containing multiple expanded polystyrene
food service products packaged by the manufacturer at the time of
manufacturing and sold for home or business use.
OPERATOR
A person in control of, or having responsibility for, the
operation of a commercial establishment, which may include, but is
not limited to, the owner or manager of the commercial establishment.
PLASTIC
A synthetic material made from linking monomers through a
chemical reaction to create a polymer chain that can be molded or
extruded at high heat into various solid forms that retain their defined
shapes during their life cycle and after disposal, including material
derived from either petrochemicals or a biologically based polymer,
such as corn or other plant sources.
PRODUCT BAG
Any bag without handles used for the following purposes:
A.
To carry meats, vegetables, fruits, or other similar perishable,
raw, or uncooked food item to the point of sale inside a commercial
establishment;
B.
To package and carry bulk items such as dried fruits or vegetables,
nuts, grains, or candy;
C.
For reasons of public health and safety, to prevent food items
from coming into direct contact with other purchased items or a person's
skin;
D.
To contain hot, prepared foods;
E.
To contain or wrap flowers, potted plants, or similar items;
F.
A bag used solely to contain live animals, such as fish or insects
sold at a pet store; or
G.
To transport caustic chemicals sold at a retail level.
RECYCLED PAPER BAG
A paper bag that meets the following requirements:
A.
Contains no old growth fiber;
B.
Contains a minimum of 40% post-consumer recycled content; and
C.
Is labeled in a visible manner as "recyclable" with the percentage
of post-consumer recycled content of the bag.
REUSABLE BAG
A bag that meets the following criteria:
A.
Is designed and manufactured to withstand repeated uses over
time;
B.
Is machine washable or made from a material that can be readily
cleaned and disinfected; and
C.
Is designed and manufactured to have the capability of carrying
a minimum of 18 pounds.
SINGLE-USE PLASTIC BAG
Any bag that is made predominantly of plastic and is made
using a blown-film extrusion process, other than a reusable bag, as
defined below, provided at the check-out stand, cash register, point
of sale, or other point of departure for the purpose of transporting
food or merchandise out of the establishment. The term does not include
reusable bags or recycled paper bags. This definition specifically
exempts the following from the category of single-use plastic bags:
B.
A bag sold in packaging containing multiple bags and packaged
at the time of manufacturing, including food storage bags, garbage
bags, or pet waste bags;
D.
A bag provided by a state, federal or local government agency;
E.
Laundry or dry cleaner bags.
SINGLE-USE PLASTIC STRAW
A straw provided by a commercial establishment that is primarily
made of plastic, and not including straws composed of nonplastic materials
such as bamboo, sugar cane, agave, corn, wood, hay or paper. In addition,
a single-use plastic straw shall not include the following:
A.
Straws packaged with beverages prepared and packaged outside
of Narberth Borough, provided such beverages are not altered, packaged
or repackaged within the Borough.
B.
Straws provided with a beverage on private property used as
a residence;
C.
When provided by a state, federal or local government agency;
D.
A package or container containing multiple single-use plastic
straws packaged by the manufacturer at the time of manufacturing and
sold for home or business use.
E.
When provided as an assistive device to reasonably accommodate
a disability.
SINGLE-USE PLASTIC UTENSIL
A utensil provided by a commercial establishment that is
made predominantly of plastic, and not including utensils composed
of nonplastic materials such as bamboo, sugar cane, agave, cornstarch,
plant matter, or wood. In addition, single-use plastic utensils shall
not include the following:
A.
When provided with food on private property used as a residence;
B.
When provided by a state, federal or local government agency;
C.
When packaged with food prepared and packaged outside of Narberth
Borough, provided such food products are not altered, packaged or
repackaged within the Borough;
D.
A package or container containing multiple single-use plastic
utensils packaged by the manufacturer at the time of manufacturing
and sold for home or business use.
STRAW
A tube designed or intended for transferring a beverage from
its container to the mouth of the drinker by suction or for the stirring
of a beverage. A straw shall include drink stirrers, devices used
to mix beverages, and splash sticks, even if such items are not in
the form of a tube.
UTENSIL
A device designed or intended for transferring food from
its container to the mouth of the consumer. A utensil shall include,
but is not limited to, forks, spoons, knives, sporks, and chopsticks.
Effective September 3, 2024, commercial establishments are prohibited
from providing a single-use plastic bag to a customer. This prohibition
applies to single-use plastic bags provided for the purpose of carrying
goods away from the point-of-sale of a commercial establishment and
to takeout deliveries, including deliveries utilizing a delivery service,
from a commercial establishment located within Narberth Borough. The
point of sale in such transactions is deemed to be at the commercial
establishment, regardless of where ordering or payment for the transaction
physically occurs.
Commercial establishments are prohibited from providing a single-use
plastic straw to a customer at the commercial establishment or through
a delivery service, except upon the request of the customer.
Effective September 3, 2024, commercial establishments are prohibited
from providing an expanded polystyrene food service product to a customer
at the commercial establishment or through a delivery service.
Effective September 3, 2024, commercial establishments are prohibited
from providing single-use plastic utensils to a customer at the commercial
establishment or through a delivery service, except upon the request
of the customer. Upon such request, commercial establishments may
provide single-use plastic utensils to the customer for a charge of
not less than $0.10 per utensil or set of utensils. All monies collected
by a commercial establishment for providing single-use plastic utensils
hereunder may be retained by the commercial establishment and shall
be separately stated on a receipt provided to the customer at the
time of sale and shall be identified on the receipt.
Beginning 60 days after the enactment date of this chapter,
and for six months after the effective dates set forth above, commercial
establishments shall post conspicuous signage, provided by the Borough,
at all points of sale with such signage notifying customers of the
following:
A. That single-use plastic bags, nonrecycled paper bags, and expanded
polystyrene food service products will no longer be provided by the
commercial establishment as of the date the above-stated prohibitions,
and single-use plastic utensils and single-use plastic straws will
only be available upon request;
B. The mandatory minimum charge (or the desired higher charge, if a
higher charge is desired by the commercial establishment) for new
recycled paper bags reusable bags, and single-use plastic utensils
provided by the commercial establishment;
C. The date such charges for new recycled paper bags, reusable bags,
and single-use plastic utensils will commence;
D. What types of bags, products, and purchases are impacted; and
E. Any other information Narberth Borough may require by regulation.
The Borough Manager or their designee may, upon written request
of a commercial establishment, exempt a commercial establishment from
the requirements of this chapter for a period of one year from the
effective date of this chapter upon a finding by the Borough Manager
or their designee that the requirements of this chapter would cause
undue hardship to the commercial establishment. An "undue hardship"
shall be found only if the commercial establishment demonstrates one
or more of the following:
A. That it has a unique circumstance or situation such that there are
no reasonable alternatives to the use of single-use plastic bags,
single-use plastic utensils, or expanded polystyrene food service
products;
B. Compliance with this chapter would deprive the commercial establishment
of a legally protected right, with such right being specifically identified
by the commercial establishment;
C. Additional time is necessary to deplete an existing inventory held
by the commercial establishment, as of the effective date of this
chapter, of single-use plastic utensils or expanded polystyrene food
service products.