The purpose of this chapter is to preserve and protect the environment
and encourage the use of reusable carryout bags by reducing the use
of carryout bags made of plastic and limiting the use of carryout
bags made of nonrecyclable paper.
As used in this chapter, the following terms shall have the
meanings indicated:
CARRYOUT BAG
A bag of any material, commonly plastic, or kraft paper,
that is provided to a consumer at the point of sale to carry purchases
out of the establishment. The term shall not include:
A.
Bags used by consumers 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; or
(5)
Contain unwrapped prepared foods or bakery goods.
B.
Newspaper bags, door-hanger bags, or laundry/dry cleaning or
garment 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.
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 consumer 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, hospital, 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 CARRYOUT BAG
A bag with handles that is specifically designed and manufactured
for multiple reuse that:
A.
Is made of (a) cloth, fiber, or other machine washable fabric,
(b) laminated material, or (c) durable plastic that is at least 6.0
mils (thousandths of an inch) thick; and
B.
Does 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 this chapter
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 chapter shall become effective six months following its
adoption by the Town Council in order to allow retail establishments
time to dispose of their existing inventory of carryout bags made
of plastic and convert to alternative packaging materials compliant
with this chapter.