[HISTORY: Adopted by the Representative Town Meeting of the
Town of Branford 6-12-2019. Amendments noted where applicable.]
The purpose of this chapter is to protect and improve the environment
of Branford, including its coastline and marine life, and the health,
safety, and welfare of its residents by reducing the use of plastic
and paper bags and encouraging the use of reusable carryout bags during
the purchase of retail goods.
The following words terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section:
A carryout bag that is provided to a customer.
A flexible container made of very thin plastic material that
is used to transport produce and meats to the point of sale, or transport
small unpackaged products (i.e. beads and small hardware items), or
clothing from a dry cleaner, or other items selected by customers
to the point of sale.
Material that can be sorted, cleansed and reconstituted using
available recycling collection programs for the purpose of using the
altered form in the manufacture of a new product. Recycling does not
include burning, incinerating, or otherwise thermally destroying solid
waste.
A paper bag that should have the following characteristics:
Contains no old growth fiber, as indicated by a stamp on the
bag by FSC (Forest Stewardship Council) or another similar certification
organization.
Is 100% recyclable overall and contains a minimum of 40% post-consumer
recycled content as indicated by a stamp on the bag and displays the
word "recyclable" on the outside of the bag.
The transfer to a customer of goods in exchange for payment
occurring in entities engaged in retail sales, sidewalk sales, farmers'
markets, flea markets, restaurants or other commercial or nonprofit
establishments which provide perishable or nonperishable goods.
A bag provided by the retail entity at the point of sale
with handles that is specifically designed and manufactured for multiple
reuses. Bags shall meet the following requirements:
Is made of natural fibers.
Has a minimum volume capacity of 15 liters.
Is machine washable.
Shall be capable of carrying 22 pounds over a distance of 175
feet for a minimum of 125 uses.
Shall not be made of plastic film.
It shall be sewn.
It shall have a minimum fabric weight of at least 80 grams per
square meter.
Engagement in any of the prohibited actions of this chapter
at any point or points within a one-week period by an entity engaged
in retail sales.
After an entity engaged in retail sales has been issued a
citation for a first violation, further engagement in any of the prohibited
actions of this chapter within a one-day period by the entity engaged
in retail sales shall be considered a subsequent violation.
A.Â
Any entity engaged in retail sales may only provide reusable checkout
bags and/or recyclable paper bags as checkout bags to customers, if
any are provided. No entity engaged in retail sales shall provide
plastic checkout bags to any customer.
B.Â
No distribution of any type of plastic bags shall be permitted at
any Town facility or any event held on Town property.
C.Â
This restriction shall not preclude entities engaged in retail sales
from providing plastic product bags to customers for items as defined
above.
A.Â
Entities engaged in retail sales may charge and retain a fee of $0.10
for each recyclable paper bag provided to a customer. This fee may
increase by $0.05 every five years, not to exceed a maximum fee of
$0.25.
B.Â
The fee for recyclable paper bags shall not apply to customers making
purchases using supplemental nutrition assistance program (SNAP),
supplemental nutrition program for women, infants and children (WIC),
"food stamps," or seniors 65 years or older. These customers will
receive recyclable paper bags free of charge.
This chapter shall become operative six months after enactment
of this chapter.
A.Â
A violation of this chapter will be subject first to an official
warning.
B.Â
A first violation of this chapter incurred after an official warning
will be punishable by a civil fine of $150.
C.Â
A reduced fine of $50 for the first violation can be paid in exchange
for eight hours of community service to the Town of Branford to improve
Branford's environment. The entity engaged in retail sales will
coordinate this service through the Branford Conservation/Environmental
Commission.
D.Â
A subsequent violation of this chapter shall be punishable by a civil
fine of $150.
