[HISTORY: Adopted by the Town of Randolph as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-29-2019 by Ord. No. 2018-038[1]]
[1]
Editor's Note: This ordinance provided that it would take effect on 1-1-2021 (see § 158-5).
The production and use of thin-film single-use plastic check out bags have significant impacts on the environment, including but not limited to contributing to the death of marine animals through ingestion, contributing to pollution of the land environment, creating a burden to solid waste collection, clogging storm drainage systems, being entangled in tree limbs, requiring millions of barrels of crude oil to manufacture and costing the residents of the Town of Randolph in cleanup and disposal costs.
The purpose of this chapter is to eliminate the usage of thin-film single-use plastic bags by all retail, grocery and convenience stores in the Town of Randolph on or after January 1, 2021.
As used in this chapter, the following terms shall have the following definitions:
CHECKOUT BAGS
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 to deliver such items to the point of sale or checkout area of the store.
GROCERY STORE
A retail establishment where more than fifty percent (50%) of the gross floor area is devoted to the sale of food products for home preparation and consumption, which typically also offers home care and personal care products.
RETAIL STORE
An establishment engaged in the sale and display of merchandise within a building.
REUSABLE CHECKOUT BAG
A bag, with handles, that is specifically designed for multiple uses and that is made of thick plastic, cloth, fabric or other durable materials.
THIN-FILM SINGLE-USE PLASTIC BAGS
Typically with plastic handles, these are bags with a thickness of 2.5 millimeters or less and are intended for single-use transport of purchased products.
A. 
Thin-film single-use plastic bags shall not be distributed, used or sold for checkout or other purposes at any retail, grocery or convenience store within the Town of Randolph.
B. 
Customers are encouraged to bring their own reusable or biodegradable shopping bags to the stores. Retail, grocery and convenience stores are strongly encouraged to make reusable checkout bags available for sale to customers at a reasonable price.
C. 
Thin-film single-use plastic bags used to contain dry-cleaning, newspapers, produce, meats, bulk foods, wet items and other similar merchandise, typically without handles, are permissible.
Enforcement of this chapter shall be the responsibility of the Town Manager or his/her designee.
The Town Manager shall determine the selection process to be followed, incorporating the process into other Town duties as appropriate.
Any retail, grocery or convenience store distributing plastic bags in violation of this chapter shall be subject to a non-criminal disposition fine as indicated below which shall be incorporated into the fine schedule.
First (1st) Offense
Warning
Second (2nd) Offense
$50.00
Third (3rd) Offense
$100.00
Fourth (4th) and each subsequent
$250.00
Each bag being used shall constitute a separate offense.
[Amended 12-21-2020 by Ord. No. 2020-064]
This chapter shall take effect on January 1, 2022.