[HISTORY: Adopted by the Town of Abington 5-20-2019 ATM by Art. 23. Amendments noted where applicable.]
The production and use of thin-film, single-use plastic checkout bags have significant impacts on the environment, including but not limited to: (1) contributing to pollution of the land environment; (2) creating a burden for solid waste disposal and recycling facilities; (3) contributing to the potential death of marine and terrestrial animals through ingestion and entanglement; (4) clogging storm drainage systems; (5) requiring the use of nonrenewable fossil fuel in their manufacture; and (6) plastic bags are not biodegradable, which ultimately results in the contamination of the food chain.
The intent of this Bylaw is to reduce the number of single-use plastic checkout bags that are distributed in the Town of Abington and to encourage the use of reusable bags by consumers, thereby advancing solid waste reduction, reducing local land and marine pollution, protecting the Town's natural beauty and resources, and improving the quality of life for the citizens of the Town.
CHECKOUT BAG
The term "checkout bag" shall mean a thin plastic bag of a thickness less than 4.0 mils with handles provided to a customer by an establishment and is used to transport merchandise from the establishment. The term "checkout bag" shall not include bags typically without handles used to contain dry cleaning or newspaper, or those small bags used to contain fish, or meats, or to deliver items to the point of sale, including but not limited to produce or other products selected by the consumer.
RECYCLABLE PAPER BAG
A "Recyclable Paper Bag" shall be a bag that (1) is 100% recyclable and (2) contains at least 40% post consumer recycled paper content, and displays in a visible manner on the outside of the bag (1) the word "recyclable" or a symbol identifying the bag as recyclable and (2) a label identifying the bag as being made from post-consumer recycled content.
RETAIL ESTABLISHMENT
The term "Retail Establishment" shall mean any business within the Town of Abington that sells goods, articles, food or personal services directly to the consumer whether for profit or not for profit, including, but not limited to, retail stores, restaurants, pharmacies, liquor stores, convenience and grocery stores and seasonal and temporary businesses.
REUSABLE CHECKOUT BAG
The term "Reusable Checkout Bag" shall mean a bag:
A. 
Made solely of or in a combination of natural cloths, synthetic fibers, other washable material; or of a nontoxic plastic as defined by applicable state and federal regulations that is no less than 4.0 mils thick and has the word "Reusable" or "Reuse" printed on the outside of the bag in a visible manner; and
B. 
Is specifically designed for multiple reuse and has handles.
THIN FILM, SINGLE-USE PLASTIC CHECKOUT BAGS
The term "Thin-Film, Single-Use Plastic Checkout Bags" shall mean those bags typically with handles, constructed of high-density polyethylene (HDPE), polyvinyl chloride (PVC), polyethylene terephthalate (PET), low-density polyethylene (LDPE), linear low-density polyethylene (LLDPE), or polypropylene (other than woven and nonwoven polypropylene fabric), if said film is less than 4.0 mils in thickness.
A. 
No retail establishment in the Town of Abington shall provide thin-film, single-use plastic check-out bags to customers.
B. 
If a retail establishment provides or sells checkout bags to customers, each such checkout bag must be either a recyclable paper bag or a reusable checkout bag.
The administration, implementation and enforcement of this Bylaw is the responsibility of the Town Manager/Board of Health and the provisions of this Bylaw may be enforced by any Police Officer of the Town of Abington or agent of the Board of Health by any means available in law and in equity. The following penalties shall apply:
First Offense
Written Warning
Second Offense
$50 fine
Third Offense
$100 fine
Subsequent Offenses
$200 fine
This Bylaw shall take effect six months following the approval of the Bylaw by the Attorney General.
Retail establishments shall be required to comply with the requirements set forth herein on the effective date; provided, however, a retail establishment that cannot comply therewith shall be provided, upon request, with a single six-month extension. Said request for such extension will be filed with the Board of Health.
If any provision of this Bylaw shall be held to be invalid in a court of competent jurisdiction, then such provision shall be considered separately and apart from the remaining provisions of this Bylaw, which will remain in full force and effect.