[HISTORY: Adopted by the Annual Town Meeting of the Town
of North Reading as indicated in article histories. Amendments noted
where applicable.]
[Adopted 6-10-2019 ATM by Art. 27, approved 9-25-2019]
A.
The production
and use of thin-film single-use plastic bags have significant impacts
on the environment of our community, including, but not limited to:
unsightly plastic bags caught in trees and shrubs defiling our shared
open space, parks and forest; blowing into our yards and spoiling
our view; contributing to the potential death of animals through ingestion
and entanglement; contributing to pollution of the land environment;
creating a burden to our solid waste collection and recycling facility;
clogging our storm drainage systems; and requiring the use of millions
of barrels of crude oil nationally for their manufacture.
B.
The purpose
of this bylaw is to eliminate the usage of thin-film single-use plastic
bags by all retail establishments in the Town of North Reading.
The testing standard developed by the American Society for
Testing and Materials for compostable plastics.
A bag that:
A paper bag that is 100% recyclable and contains at least
40% post-consumer recycled content, and displays in a visible manner
on the outside of the bag the word "recyclable" or a symbol identifying
the bag as recyclable.
A business or vendor that sells or provides food, merchandise,
goods, or personal services to the public, but not a bazaar or festival
operated by a noncommercial entity.
A bag that is specifically designed for multiple use and
is made of thick plastic, cloth, fabric or other durable materials.
Bags, with integral handles, and a thickness of 2.5 mils
or less that are intended to be used for the transport of products
provided by a retail establishment at the point of sale.
A.
No retail
establishment in the Town of North Reading shall distribute, use or
sell thin-film single-use plastic bags that do not meet or exceed
the ASTM D6400 standards.
B.
Retail establishments
may provide customers with recyclable paper bags, biodegradable bags,
or reusable bags at no charge or for a fee.
C.
Thin-film
plastic bags used to contain dry cleaning, newspapers, produce, meat,
bulk foods, wet items and other similar merchandise, typically without
handles, shall be exempt from the prohibitions of this bylaw.
A.
Retail establishments
may apply to the Board of Health for approval of new single-use bag
products as they come on the market that meet, or exceed, the ASTM
D6400 standards. The Board of Health shall be authorized to promulgate
reasonable regulations for the effective administration and enforcement
of this bylaw, including to determine the appropriate procedure for
establishments to apply for approval of single-use bag products and
to establish reasonable reporting requirements for establishments
to demonstrate compliance.
B.
This bylaw
shall be enforced through any lawful means in law or in equity, including,
but not limited to, noncriminal disposition pursuant to MGL c. 40,
§ 21D. For purposes of noncriminal disposition, the Board
of Health and the Health Agent/Health Director of the Town of North
Reading shall be the enforcing authority.
C.
Enforcement
using noncriminal disposition.
(2)
Subsequent
offenses shall be determined as offenses occurring within two years
of the date of the first noticed offense. Each day or portion thereof
shall constitute a separate offense. A warning or fine may be appealed
to the Board of Health within five days of issuance so long as any
appeal by the offender is still filed with the District Court within
21 days as provided by MGL c. 40, § 21D.
While this bylaw shall be effective upon approval by the Attorney
General and in accordance with MGL c. 40, § 32, it shall
be applicable to retail establishments in the Town beginning January
1, 2020.
