It is the purpose of this article to achieve a reduction in
the use of disposable plastic shopping bags by retail establishments
in the City, thereby advancing solid waste reduction, protecting marine
ecosystems, protecting waterways, and reducing greenhouse gas emissions.
This article seeks to reduce the number of plastic bags that are being
used, discarded and littered, and to promote the use of reusable checkout
bags and recyclable paper bags by retail establishments located in
the City.
The following words shall have the following meanings unless
the context clearly requires otherwise. When not inconsistent with
the context, words in the singular number include the plural. The
word "shall" is always mandatory and not merely directory.
DISPOSABLE PLASTIC SHOPPING BAG
Any retail check-out bag made predominantly of plastic, derived
either from petroleum, natural gas, or a biologically based source,
such as corn or other plant sources, which is provided to the customer
at the point of sale.
A.
The term "disposable plastic shopping bag" shall include:
(1)
Degradable plastic bags; and
(2)
Biodegradable plastic bags which are not commercially compostable
as well as commercially compostable plastic bags.
B.
The term " disposable plastic shopping bag" shall not include:
C.
As used in the foregoing definition, the term "produce bag"
or "product bag" shall mean any bag without handles used exclusively
to carry produce, meats, seafood or other food items to the point
of sale inside a retail store, or used to prevent such items from
coming into contact with other purchased items.
RECYCLABLE PAPER BAG
A paper bag which is 100% recyclable and contains at least
40% post-consumer recycled content and displays the words "Recyclable"
and "Made from 40% post-consumer recyclable content" in a visible
manner on the exterior of such bag.
RETAIL CHECKOUT BAG
Any carry-out bag provided by a retail establishment to a
customer at the point of sale. Such bags shall not include:
A.
Bags, whether plastic or not, in which loose produce or bulk
products are placed by the consumer to carry such items to the point
of sale or checkout area of a retail establishment.
B.
Laundry or dry cleaner bags.
D.
Bags used to contain or wrap frozen foods, meats or fish, whether
pre-packaged or not, to prevent or contain moisture and/or to prevent
contamination.
RETAIL ESTABLISHMENT
Any commercial enterprise, whether for or not for profit,
including, but not limited to, restaurants, pharmacies, convenience
stores, grocery stores, liquor stores, seasonal and temporary businesses,
jewelry stores, and household goods stores.
REUSABLE BAG
A bag that is specifically designed and manufactured for
multiple re-use, and is made of either polyester, polypropylene, cotton,
or other durable material or composition, and meets the following
standards:
A.
Has a minimum lifetime capability of 125 or more uses carrying
22 or more pounds; and
B.
Is machine washable or is made of material which can be cleaned
or disinfected a minimum of 125 times.
No retail establishment shall provide a disposable plastic shopping
bag to any customer for the purpose of enabling the customer to carry
away goods from the point of sale. No provision of this article shall
be read to preclude any establishment from offering reusable bags
to customers for sale to customers or utilizing recyclable bags at
checkout.
The penalty for violation of the provisions of this article
by an establishment, following the issuance of a written warning notice
to the establishment, shall be $50, and $100 for each subsequent violation.
A warning notice for an initial violation shall provide at least 14
days for correction of such violation. No fine for a second or continuing
violation shall be issued until at least 14 days after a warning is
issued. This article may be enforced by any police officer or any
agent of the City's Health Department, or by the Board of Licensing
Commissioners.