[Adopted 12-18-2019 by Ord. No. 31-19]
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:
Any person purchasing goods or services from a retail establishment.
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.
Any natural person, firm, corporation, partnership, or other
organization or group however organized.
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.
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.
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":
Bags provided by operators and used
by consumers inside retail establishments 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 live animals, such as fish
or insects sold in pet stores;
Contain unwrapped prepared foods
or bakery goods; or
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.
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 July 1, 2020, no retail establishment
shall provide to any customer, or to any person, a single-use plastic
carry-out bag, as defined above. 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
Township of Morris. The point of sale in such transactions is deemed
to be at the retail establishment, regardless of where payment for
the transaction physically occurs.
B.
Effective July 1, 2020, single-use plastic
carry-out bags may not be distributed on Township property or at Township-sponsored
events.
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.
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 make inquiry to a customer whether
the customer desires a paper carry-out bag or has supplied his/her
own reusable bags before offering the 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 not less than $0.10 per paper bag.
D.
Nothing in this article shall prohibit
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 article shall prohibit
a retail establishment from providing a credit to a customer who has
supplied his/her own bags.
F.
Nothing in this article shall prohibit
a retail establishment from offering for sale reusable bags, including
those made of cloth or other fabric with handles that are specifically
designed and manufactured for multiple reuse, for a fee of not less
than $0.10 or greater.
G.
The Township of Morris may undertake a
reusable bag education program.
A.
The Health Officer of the Morris Township
Health Department has the responsibility for enforcement of this article
and may promulgate reasonable rules and regulations in order to enforce
the provisions thereof, including, but not limited to, investigating
violations and issuing fines.
B.
Any retail establishment that violates
or fails to comply with any of the requirements of this article after
an initial written warning notice has been issued for that violation
shall be subject to a summons.
C.
If a retail establishment has subsequent
violations of this article after the issuance of an initial written
warning notice of a violation, 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.
(3)
$500 for the third and any subsequent violations
after the written warning notice is given.
(4)
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.
