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Borough of Madison, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Madison 10-16-2019 by Ord. No. 47-2019. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
CUSTOMER
Any person purchasing goods or services from a retail establishment.
OPERATOR
Any person in control of, or having the responsibility for, the operation of a retail establishment, which may include, but is not limited to, the owner of the retail establishment.
PERSON
Any natural person, firm, corporation, partnership, or other organization or group however; organized.
RETAIL ESTABLISHMENT
Any store or commercial establishment that sells perishable or nonperishable goods, including, but not limited to, clothing, food, and personal items directly to the customer and is located within the geographical limits of the Borough of Madison. Retail establishments include a business establishment that generates a sales or use tax; a drug store, pharmacy, supermarket, grocery store, convenience food store, food mart, or other commercial entity engaged in the retail sale of a limited line of goods that include milk, bread, soda, and snack foods; a public eating establishment (i.e., a restaurant, take-out food establishment, or any other business that prepares and sells prepared food to be eaten on or off its premises); and business establishment that sells clothing, a hardware store, or any other nonperishable goods.
REUSABLE BAG
A durable carry-out bag with stitched handles for reinforcement made from any natural or synthetic materials other than plastic film, including, but not necessarily limited to, woven or nonwoven plastic or cloth, that is at least 10 mils thick, and that is specifically designated and manufactured for multiple reuse, and that is washable or is made from a material that can be cleaned or disinfected regularly.
[Amended 2-24-2020 by Ord. No. 4-2020]
SINGLE-USE PLASTIC CARRY-OUT BAG
Any bag made predominantly of plastic that is not made or intended for reuse that is provided by an operator of a retail establishment to a customer at the point of sale. This definition specifically exempts the following from the category of "single-use plastic carry-out bag":
A. 
Bags provided by operators and used by consumers inside retail establishments to:
(1) 
Package bulk items, such as fruit, vegetables, nuts, grains, candies, or small hardware items;
(2) 
Contain or wrap frozen foods, meat, or fish, whether packaged or not;
(3) 
Contain or wrap flowers, potted plants, or other items where dampness may be an issue;
(4) 
Contain live animals, such as fish or insects sold in pet stores;
(5) 
Contain unwrapped prepared foods or bakery goods;
(6) 
Contain pharmacy prescriptions or medicines; or
(7) 
Function as "produce bags" or "product bags," which shall mean bags used exclusively to carry produce, meats, or other food items to the point of sale inside a retail establishment or, for reasons of public health and safety, to prevent such food items from coming into direct contact with other purchased items.
B. 
Newspaper bags for home delivery, door-hanger bags, laundry and/or dry-cleaning bags, or bags sold in packages containing multiple bags intended for use as food storage bags, garbage bags, yard waste bags, or pet waste bags.
A. 
Effective March 1, 2020, no retail establishment shall provide to any customer, or to any person, a single-use plastic carry-out bag, as defined in § 136A-1. This prohibition applies to bags provided for the purpose of carrying goods away from the point of sale and does not apply to product bags or produce bags used to carry product(s) or produce within the retail establishment to the point of sale. The prohibition applies to single-use plastic carry-out bags used for take-out deliveries from retail establishments within the Borough of Madison. The point of sale in such transactions is deemed to be at the retail establishment, regardless of where payment for the transaction physically occurs.
[Amended 2-24-2020 by Ord. No. 4-2020]
B. 
Effective March 1, 2020, single-use plastic carry-out bags may not be distributed on Borough property or at Borough-sponsored events.
A. 
Effective March 1, 2020, all retail establishments shall make available to customers, upon request by the customer, one of the following types of bags for the purpose of carrying goods or other materials away from the point of sale, subject to the provisions of this chapter: a reusable bag as defined herein or a paper bag, for a fee of $0.10 per bag. The fee charged shall be reflected in the sales receipt and shall be subject to applicable tax. The fee charged shall be retained by the retail establishment.
[Amended 2-24-2020 by Ord. No. 4-2020]
B. 
The following bags provided by operators of retail establishments shall be exempt from the $0.10 fee:
(1) 
Bags to package bulk items, such as fruit, vegetables, nuts, grains, candies, or small hardware items;
(2) 
Bags that contain unwrapped prepared foods or bakery goods;
(3) 
Bags to take home uneaten food that has been served in a restaurant;
(4) 
Take-out foods intended for consumption away from the retail establishment for reasons of public health and safety during the transportation of such food products;
(5) 
Bags that contain pharmacy prescriptions and medicinal products;
[Amended 2-24-2020 by Ord. No. 4-2020]
(6) 
Bags that function as "produce bags" or "product bags," which shall mean bags used exclusively to carry produce, meats, or other food items to the point of sale inside a retail establishment or, for reasons of public health and safety, to prevent such food items from coming into direct contact with other purchased items; or
[Amended 2-24-2020 by Ord. No. 4-2020]
(7) 
Paper bags provided by retail establishments with 10 or fewer employees.
[Added 2-24-2020 by Ord. No. 4-2020]
A. 
Each retail establishment shall be strongly encouraged to educate its staff to promote the use of reusable bags and to post signs encouraging customers to use reusable bags rather than paper carry-out bags.
B. 
Each retail establishment shall be strongly encouraged to educate its staff to ask customers if they have their own reusable bags before offering paper carry-out bags to the customer.
C. 
Each retail establishment shall inform customers that if they choose a paper carry-out bag they will be charged a fee of $0.10 per paper bag.
D. 
Nothing in this chapter prohibits customers from using bags of any type that they choose to bring to retail establishments themselves, in lieu of using bags available for a fee from the retail establishment, or from carrying away goods that are not placed in a bag.
E. 
Nothing in this chapter shall prohibit a retail establishment from providing a credit to a customer who has supplied his/her own bags.
F. 
Nothing in this chapter shall prohibit a retail establishment from offering for sale reusable bags, as defined above.
[Amended 2-24-2020 by Ord. No. 4-2020]
G. 
The Borough of Madison shall undertake a reusable bag education program that includes:
(1) 
Distributing information and free reusable bags as part of a bring your own bag (BYOB) campaign; and
(2) 
Maintaining "give one take one" reusable bag collection boxes in municipal and other facilities.
A. 
Any customer who states that she or he participates in, or is a beneficiary of, any United States government federal welfare program, including but not limited to the Special Supplemental Nutrition Program for Women, Infants and Children (WIC) or any local or county welfare assistance program, or any New Jersey State welfare program, including but not limited to the New Jersey Supplemental Nutritional Assistance Program (SNAP) or the New Jersey State Supplemental Security Income Program (SSI) shall be provided paper bags without charge. No further identification is necessary.
B. 
Any person who receives food, household items and/or personal care items from a food pantry or food distribution program shall be provided paper or reusable bags without charge.
A. 
The Madison Health Officer and/or his/her designee has the responsibility for enforcement of this chapter and may promulgate reasonable rules and regulations in order to enforce the provisions thereof, including, but not limited to, investigating violations and issuing summons and fines.
B. 
Any retail establishment that willfully violates or fails to comply with any of the requirements of this chapter after an initial written warning notice has been issued for that violation shall be liable for an infraction.
C. 
If a retail establishment has subsequent violations of this chapter after the issuance of an initial written warning notice of a violation, a summons will be issued and the following penalties will be imposed and payable by the operator of the retail establishment:
(1) 
$100 for the first violation after the first written warning notice is given;
(2) 
$200 for the second violation after the written warning notice is given; and
(3) 
$500 for the third and any subsequent violations after the written warning notice is given.
D. 
Fines shall be imposed for each day a violation occurs or is allowed to continue. A retail establishment shall not be subject to more than one fine for violations or continuing violations that occur on the same day.
E. 
Appeal of a written warning notice or fine shall be conducted pursuant to standard municipal regulations and procedures concerning matters to be heard in the Joint Municipal Court of Madison, the Chathams, Harding and Morris Township.
F. 
The Madison Health Officer and/or his/her designee is hereby empowered to utilize discretion in providing administrative exceptions regarding the implementation and enforcement of the provisions herein.
[Added 2-24-2020 by Ord. No. 4-2020]