The Township Committee of the Township
of Morris finds that the reduction in the use of disposable paper
and plastic checkout bags by retail establishments within the Township
of Morris promotes a legitimate public purpose.
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
The 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
or doing business within the geographical limits of the Township of
Morris. 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
Any bag with handles that is specifically designed and manufactured
to withstand repeated uses over a period of time and is made from
cotton cloth or other washable fabric, polyester, polypropylene, or
other durable material or plastic that is machine washable or is made
from a material that can be cleaned or disinfected.
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; or
(6)
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.
(7)
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.
Effective July 1, 2020, all retail
establishments shall make available to customers, upon request by
the customer, for a fee of not less than $0.10 per bag, paper bags
for the purpose of carrying goods or other materials away from the
point of sale, subject to the provisions of this article. 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.
The following bags shall be exempt
from the not less than $0.10 fee and are provided by operators inside
retail establishments to:
A. Package bulk items, such as fruit, vegetables,
nuts, grains, candies, or small hardware items;
B. Contain unwrapped prepared foods or bakery
goods;
C. Take home uneaten food that has been served
in a restaurant;
D. 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;
E. Contain pharmacy prescriptions and medicinal
products; or
F. 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.