[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.
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.
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.
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.
The term "Reusable Checkout Bag" shall mean a bag:
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
Is specifically designed for multiple reuse and has handles.
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.
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:
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First Offense
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Written Warning
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Second Offense
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$50 fine
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Third Offense
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$100 fine
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Subsequent Offenses
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$200 fine
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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.
