This article shall become effective (three months after adoption
or by a date certain to be specified, provided that the City gives
notice of commencement in the manner required for publication of ordinances.
It is in the best interest of the citizens and visitors of Biddeford
to protect the environment and natural resources of Maine by prohibiting
single-use carryout plastic bags and encouraging the use of reusable
shopping bags in stores, as defined below.
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
SINGLE-USE CARRYOUT PLASTIC BAG
A bag other than a reusable bag, as defined below, provided
that at the checkout stand, cash register, point of sale or other
point of departure for the purpose of transporting food or merchandise
out of the store. The term "single-use carryout bag" includes compostable
and biodegradable bags, but does not include reusable bags, produce
bags, product bags required for special handling, single-use paper
bags, or paper bags provided by pharmacists to contain prescription
drugs.
PRODUCE BAG or PRODUCT BAG
Any bag used exclusively to carry produce, meats, seafood,
other food items or bulk items within the store to the point of sale
inside such store or to prevent such items from coming into direct
contact with other purchased items.
REUSABLE BAG
A bag that meets all of the following criteria:
(a)
Designed and manufactured to withstand repeated uses over a
period of time;
(b)
Is machine washable or made from a material that can be cleaned
and disinfected regularly;
(c)
Has a minimum rated lifetime of 75 uses;
(d)
Has the capability of carrying a minimum of 18 pounds; and
(e)
If plastic, is at least 4.0 mil thick.
STORE
Any commercial enterprise engaged in the sale of food and/or
merchandise, including, but not limited to, grocery and convenience
stores, markets, pharmacies, restaurants, take-out food, temporary
and seasonal businesses, and other merchant retailers.
Except as provided in Sections
58-111 and
58-112, no store, as defined above, shall provide or sell a single-use carryout bag to a customer at the checkout stand, cash register, point of sale or other point of departure for the purpose of transporting food, goods or merchandise out of the establishment.