The purpose of this article is to improve the environment in
East Greenwich and the health, safety, and welfare of its residents
by reducing the number of plastic and paper bags being used and by
encouraging the use of reusable carryout bags and banning the use
of plastic bags for retail checkout of goods. Retail establishments
are encouraged to make reusable carryout bags available for sale.
As used in this article, the following terms shall have the
meanings indicated:
CARRYOUT BAG
A bag used by a customer at the point of sale for the purpose
of removing products purchased from retail establishments. Carryout
bag does not include plastic barrier bags, double-opening plastic
bags, or plastic bags measuring larger than 28 inches by 36 inches.
DOUBLE-OPENING PLASTIC BAG
Any thin plastic bag with a double opening (top and bottom)
to protect clothing or other items for transport.
PAPER BAG
A paper bag that is fully recyclable overall and contains
a minimum of 40% post-consumer recycled content and contains no old-growth
fiber.
PLASTIC BAG
A bag where any portion of the bag is made of plastic, including
those called "biodegradable, "compostable" or "oxo-biodegradable."
PLASTIC BARRIER BAG
Any thin plastic bag with a single opening used to:
A.
Transport fruit, vegetables, nuts, grains, small hardware items,
or other items selected by customers to the point of sale;
B.
Contain or wrap fresh or frozen foods, meat, or fish whether
prepackaged or not;
C.
Contain or wrap flowers, potted plants, or other items where
damage to a good or contamination of other goods placed together in
the same bag may be a problem; or
D.
Contain unwrapped prepared foods or bakery goods.
RECYCLABLE PLASTIC
Plastic that meets the current Rhode Island Resource Recovery
Corporation's standards.
RETAIL SALES ESTABLISHMENT
Any enterprise whereby the sale or transfer to a customer
of goods in exchange for payment occurs in retail stores, farmers'
markets, flea markets, and restaurants. This does not include sales
of goods at yard sales, tag sales, other sales by residents at their
homes, and sales by nonprofit organizations.
REUSABLE CARRYOUT BAG
A bag, with handles which are stitched and not heat-fused,
that is specifically designed and manufactured for multiple reuse.
The bag must be made of washable cloth, other durable woven or nonwoven
fabric, or durable plastic film that is recyclable plastic with a
minimum thickness of four mils.
Any violation charged under this article may be appealed, in
writing, to the Town Manager within 14 days of receipt of a written
notice of violation. The Town Manager may waive the individual violation
or the requirements of this article on showing of good cause or undue
hardship.
This article shall become effective 90 days following passage
by the Town Council; provided, however, that the Town Manager shall
have the authority to extend the effective date by up to 180 days
for a retail sales establishment upon written application and a showing
of good cause or undue hardship by such retail sales establishment.