The following words shall, unless the context clearly requires
otherwise, have the following meanings:
CHECK-OUT BAG
A bag provided by a store to a customer at the point of sale.
Check-out 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 check out area of the store.
HEALTH AGENT
The Health Agent for the Plainville Board of Health or his/her
designee.
RECYCLABLE PAPER BAG
A paper bag that is 100% recyclable and contains at least
40% post-consumer recycled 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 and the percentage of post-consumer
recycled content in the bag.
RETAIL ESTABLISHMENT
Any business facility that sells goods directly to the consumer
whether for or not for profit, including, but not limited to, retail
stores, restaurants, pharmacies, convenience and grocery stores, liquor
stores, seasonal and temporary businesses.
REUSABLE CHECK-OUT BAG
A sewn bag with stitched handles that is specifically designed
for multiple reuse and that:
A.
Can carry 25 pounds over a distance of 300 feet;
C.
Is either:
(1)
Made of natural fibers (such as cotton or linen); or
(2)
Made of durable, non-toxic plastic other than polyethylene or
polyvinyl chloride that is generally considered a food-grade material
that is more than four mils thick.
THIN-FILM, SINGLE-USE PLASTIC CHECK-OUT BAGS
Those bags typically with handles, constructed of high-density
polyethylene (HDPE), low-density polyethylene (LDPE), linear low-density
polyethylene (LLDPE), polyvinyl chloride (PVC), polyethylene terephthalate
(PET), or polypropylene (other than woven and non-woven polypropylene
fabric), if said film is less than 4.0 mils in thickness.
Thin-film plastic bags typically without handles which are used
to contain newspapers, produce, meat, bulk foods, wet items, dry cleaning,
and other similar merchandise are not prohibited under this bylaw.
This bylaw shall take effect six months following the effective
date of approval by the Attorney General for retail establishments
with a floor area equal to or exceeding 3,500 square feet or with
at least two locations under the same name within the Town of Plainville
that total 3,500 square feet or more. This bylaw shall take effect
one year following the effective date of approval of the Attorney
General for retail establishments less than 3,500 square feet. The
Health Agent may exempt a retail establishment from the requirements
of this section for a period of up to six months upon a finding by
the Health Agent that (1) the requirements of this section would cause
undue hardship; or (2) a retail establishment requires additional
time in order to draw down an existing inventory of thin-film, single-use
check-out plastic bags.
The Board of Health may adopt and amend rules and regulations
to effectuate the purposes of this bylaw.
If any provision of this bylaw is declared invalid or unenforceable
the other provisions shall not be affected thereby.