[8-19-2019 by Ord. No.
2019-10]
The intent of this chapter is to adopt regulations relating
to and limiting the use of single-use plastic bags, polystyrene foam
containers and plastic straws by businesses in the Borough of Fair
Haven. The regulations are intended as necessary and proper steps
by the Borough to address a significant global problem relating to
the sale and use of single-use plastic bags, polystyrene foam containers
and plastic straws; to further incentivize the use of reusable bags
at businesses; and, ultimately, to protect the environment, wildlife,
and the public health, welfare, and safety.
[8-19-2019 by Ord. No.
2019-10]
The following definitions apply to this chapter:
Any retail establishment that engages in the retail sale
of goods and products. The definition includes, but is not limited
to, pharmacies, supermarkets, grocery stores, convenience stores,
clothing stores, surf shops, dry cleaners, food marts, and food service
establishments.
Recyclable paper carryout bags and reusable bags as defined
below:
RECYCLABLE PAPER CARRYOUT BAGA paper bag that meets all of the following minimum requirements:
REUSABLE BAGA bag made of cloth or other washable fabric with handles, that is specifically designed and manufactured for multiple reuse and meets all of the following additional requirements:
It has a minimum lifetime of 125 uses;
It can carry a minimum of 22 pounds;
It is machine-washable or is made from a material that can be
cleaned or disinfected;
It does not contain lead, cadmium, or any other heavy metal
in toxic amounts, as defined by applicable state and federal standards
and regulations; and
If made of plastic, it is a minimum of at least 2.25 mils thick.
Any person purchasing goods or services from a business or
store.
The date on which final adoption and publication in accordance
with the law are complete.
One hundred eighty days from the effective date.
Any establishment which serves made-to-order food or beverages
for dine-in, takeout, or delivery.
The person in control of, or having the responsibility for,
the operation of a business or store, which may include, but is not
limited to, the owner of the business or store.
Any natural person, firm, corporation, partnership, or other
organization or group, however organized.
Any disposable food packaging used to provide customers with
prepared food or takeout food, which contains polystyrene foam in
any part of such packaging. This definition specifically exempts the
following from the category of polystyrene foam containers:
A bag constructed of a material that would otherwise be destined
for solid waste disposal, having completed its intended end use and
product life cycle. "Post-consumer recycled material" does not include
materials and by-products generated from, and commonly reused within,
an original manufacturing and fabrication process.
Food or beverages which are served, packaged, cooked, chopped,
sliced, mixed, brewed, frozen, squeezed or otherwise prepared on the
premises or facilities of the retail food vendor. "Prepared food"
does not include raw, butchered meats, fish and/or poultry which are
sold from a butcher case or similar appliance. Prepared food may be
eaten either on or off premises or away from the facilities of the
retail food vendor. "Prepared food" includes takeout food.
A very thin bag without handles used exclusively to carry
produce, meats, or other food items to the point of sale inside a
store or, for reasons of public health and safety, to prevent such
food items from coming into direct contact with other purchased items.
Material that can be sorted, cleansed, and reconstituted
using available recycling collection programs for the purpose of reusing
the altered, incinerated, converted, or otherwise thermally destroyed
solid waste generated therefrom.
The sale of goods and products for use and/or consumption.
Any bag made predominantly of plastic derived from either
petroleum or a biologically based source, such as corn or other plant
sources, that is provided by an operator of a business or store to
a customer at the point of sale. The term includes compostable and
biodegradable bags but does not include reusable bags, produce bags,
or product bags. This definition specifically exempts the following
from the category of "single-use plastic carryout bag":
Bags provided by operators and used by consumers inside a business
or store to:
Package bulk items, such as fruit, vegetables, nuts, grains,
candies, or small hardware items;
Contain or wrap frozen foods, meat, or fish, whether packaged
or not;
Contain or wrap flowers, potted plants or other items where
dampness may be an issue;
Contain unwrapped prepared foods or bakery goods; or
Pharmacy prescription bags.
Newspaper bags, 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.
[8-19-2019 by Ord. No.
2019-10]
No business or store shall provide any single-use plastic carryout
bags, polystyrene foam containers and/or plastic straws to a customer
at the check stand, cash register, point of sale, or other point of
departure for the purpose of transporting products or goods out of
the business or store, except as otherwise provided in this chapter.
In addition, no business or store shall provide customers any other
types of carryout bags that don't meet the definition of "compliant
bag" as defined in this chapter.
[8-19-2019 by Ord. No.
2019-10]
Nothing in this chapter shall require any business or store
to provide compliant bags nor restrict their ability to charge for
the purchase of said items. A business or store shall not charge a
fee for bags of any kind provided by the customer.
[8-19-2019 by Ord. No.
2019-10]
a.Â
This chapter shall take effect on the effective date, and all businesses
and stores must be in compliance with same by the enforcement date.
b.Â
Any business or store found not to be in compliance with this chapter
on the enforcement date, and which has not made application to the
Borough Council for an extension as provided in this section, shall
be in violation of this chapter and subject to the violations and
penalties prescribed herein.
c.Â
The Borough Council may, in the Borough's sole discretion, grant
an extension of time for compliance with the chapter when a business
or store makes application for an extension prior to the enforcement
date. Upon such application, the Borough shall consider whether the
business or store has made adequate good-faith efforts to comply with
this chapter by the enforcement date and has been unable to do so
for compelling reasons. The Borough may, in its sole discretion, grant
an extension for not longer than 180 additional days from the enforcement
date.
[8-19-2019 by Ord. No.
2019-10]
Each business or store violating any of the provisions of this
chapter shall, upon conviction thereof in Municipal Court, be subject
to a penalty of up to $500 for a first offense, up to $1,000 for a
second offense, and up to $2,500 for a third offense. If the violation
is of a continuing nature, each day during which it continues shall
constitute an additional, separate, and distinct offense.
[8-19-2019 by Ord. No.
2019-10]
In the event that any clause, section, provision, paragraph,
or sentence of this chapter is deemed to be invalid or unenforceable
for any reason, the remaining provisions of the chapter not affected
by said invalidity shall remain in full force and effect.
[8-19-2019 by Ord. No.
2019-10]
This chapter shall be null and void on the day that statewide
legislation goes into effect incorporating either the same or substantially
similar provisions as are contained in this chapter or in the event
that a pertinent state or federal administrative agency issues and
promulgates regulations preempting such action by the Borough of Fair
Haven. The Borough of Fair Haven Council may determine by resolution
whether or not identical or substantially similar statewide legislation
or pertinent preempting state or federal regulations have been enacted
for the purposes of triggering the provisions of this section.
