[HISTORY: Adopted by the Town Meeting of the Town of Wrentham
as Art. 7.70, Sec. 4, of the 2013 Bylaws; amended in its entirety 11-4-2019 STM by Art. 16. Subsequent
amendments noted where applicable.]
This bylaw is enacted for the purpose of eliminating the usage
of thin-film, single-use plastic bags by all retail establishments
at the point of sale and promote the use of reusable check-out bags
to help reduce the deterioration of the environment and the ensuing
potential health risks.
As used in this bylaw, the following terms shall have the meanings
indicated:
A thin-film plastic bag, typically with handles, constructed
of high-density polyethylene (HDPE), low density polyethylene (LDPE),
linear low-density polyethylene (LLDPE), polyvinyl chloride (PVC),
polyethylene terephthalate (PET), or polypropylene (other than woven
and nonwoven polypropylene fabric), if said film is less than 4.0
mils in thickness, provided to a customer by a retail establishment
and used to transport merchandise from the establishment. Plastic
check-out bags do not include those plastic bags typically without
handles used to contain dry cleaning, newspapers, or small bags used
to contain fish, meat, produce or other products provided to the consumer,
free of charge, to deliver the items to the point of sale.
A paper bag that is 100% recyclable and contains at least
40% post-consumer recycled paper content and is provided free of charge
to the customer.
Any retail space located in the Town, including without limitation
a restaurant, food or ice cream truck, convenience store, retail pharmacy,
or supermarket.
A sewn bag with stitched handles that is specifically designed
for multiple reuse and that:
Can carry 25 pounds over a distance of 300 feet;
Is machine washable; and
Is either made of natural fibers (such as cotton or linen) or
made of durable, nontoxic plastic other than polyethylene or polyvinyl
chloride that is generally considered a food-grade material that is
more than four mils thick.
These bags are generally sold to the customer for a reasonable
cost.
[Added 11-16-2020 STM by Art. 24]
Retail establishments shall only provide reusable check-out bags or recyclable paper bags at the point of sale that comply with the definition in § 331-2.
B.
Whoever, himself or by his servant or agent or as the servant or agent of any other person or firm or corporation, violates any of the provisions of these regulations may be penalized by a noncriminal disposition process as provided in MGL c. 40, § 21D. Each retail establishment shall comply with this bylaw. If it is determined that a violation has occurred, the Board of Health shall issue warnings and/or fines in accordance with Chapter 283, Fees, Fines and Charges, § 283-2. Payment of such fines may be enforced through civil action in the state District Court.
All of the requirements set forth in this bylaw shall take effect
within six months of the approval of the Office of the Massachusetts
State's Attorney General and satisfaction of the posting/publication
requirements of MGL c. 40, § 32 for retail establishments
with a floor area equal to or exceeding 3,500 square feet. This bylaw
will take effect one year after passage for retail establishments
less than 3,500 square feet. The Board of Health may exempt a retail
establishment from the requirements of this section for an additional
period of up to six months upon a finding by the Board of Health that
1) the requirements of this bylaw would cause undue hardship; or 2)
a retail establishment requires additional time in order to draw down
an existing inventory of thin-film, single-use plastic check-out bags.
The Board of Health may adopt and amend rules and regulations
to effectuate the purposes of this bylaw.
If any provision of this bylaw shall be held to be invalid by
a court of competent jurisdiction, then such provision shall be considered
separately and apart from the remaining provisions of this bylaw,
which shall remain in full force and effect.
