The purpose of this bylaw is to eliminate the usage of thin-film
single-use plastic bags by all retail and grocery stores in the Town
of Lexington. The production and use of single-use bags have significant
impacts on the environment, including, but not limited to: contributing
to pollution of the land environment and waterways; contributing to
the potential death of marine and other wildlife through ingestion
and entanglement; clogging storm drainage systems; littering Lexington's
streets, parks, public places, and local waterways; creating a burden
to solid waste collection and recycling facilities; requiring the
use of millions of barrels of crude oil nationally for their manufacture.
CHECKOUT BAG
A carryout bag provided by a retail or grocery 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 retail or grocery store.
GROCERY STORE
A retail establishment where more than 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 that offers the sale and display of merchandise
within a building.
REUSABLE CHECKOUT BAG
A bag, with handles, that is specifically designed for multiple
use and is made of thick plastic, cloth, fabric or other durable materials
excluding polyethylene or polyvinyl chloride.
THIN-FILM SINGLE-USE PLASTIC BAGS
Typically with plastic handles, these are bags with a thickness
of less than 2.25 mils and are intended for single-use transport of
purchased products.
Enforcement of this bylaw shall be the responsibility of the
Town Manager or Town Manager's designee. The Town Manager or
Town Manager's designee shall determine the inspection process
to be followed, incorporating the process into other Town duties as
appropriate. Any retail or grocery store distributing plastic grocery
bags in violation of this bylaw shall be subject to a noncriminal
disposition fine as specified in Appendix A of the Regulations for
Enforcement of Town Bylaws under MGL c. 40, § 21D. Any such
fines shall be paid to the Town of Lexington.