[HISTORY: Adopted by the Town Meeting of the Town of Dedham 11-25-2019 ATM by Art.
15. Amendments noted where applicable.]
The purpose of this bylaw is to protect the Town of Dedham's
unique natural beauty and resources, water, and inhabitants by substantially
reducing the impact of single-use plastic checkout bags while also
promoting the use of reusable bags.
It has been shown that the production and use of thin-film single-use
plastic checkout bags have significant impacts on the environment,
including, but not limited to, polluting the natural environment;
creating a burden to solid waste collection and recycling facilities;
clogging storm drainage systems; contributing to the potential death
of aquatic and land animals through ingestion and entanglement; and
requiring the use of millions of barrels of crude oil for their manufacture.
A carryout bag provided by a retail store to a customer at
the point of sale. Checkout bags shall not include bags, whether plastic
or not, in which loose produce or products are placed by a consumer
to deliver such items to the point of sale or checkout area of the
store.
Grant funded position through the Environmental Department
or its designee responsible for oversight of bylaw.
A paper bag that is 100% recyclable and contains at least
40% post-consumer recycled content and displays the words "recyclable"
and "made from 40% post-consumer recycled content" in a visible manner
on the outside of the bag.
Any business facility that sells goods directly to the consumer
whether for- or not-for-profit, including, but not limited to, retail
stores, full- and quick-service restaurants, pharmacies, convenience
stores, grocery stores, liquor stores, seasonal and temporary businesses.
A sewn bag with stitched handles that is specifically designed
for multiple reuse and that (1) can carry 25 pounds over a distance
of 300 feet; (2) is machine washable or is made of a material that
can be cleaned or disinfected more than 125 times; (3) is either (a)
made of natural fibers (such as cotton or linen) or (b) made of durable,
non-toxic plastic (other than polyethylene or polyvinyl chloride)
that is generally considered a food-grade material and that is more
than 4.0 mils thick.
Bags, 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 non-woven polypropylene
fabric), if said film is less than 4.0 mils in thickness (0.004 inches).
(A)Â
Thin-film single-use plastic bags shall not be distributed, used,
or sold for checkout or other purposes at any retail store within
the Town of Dedham.
(B)Â
If a retail store provides or sells checkout bags to customers, the
bags shall be either: (1) recyclable paper bags, or (2) reusable checkout
bags. The retail store may charge for said bags.
Thin-film plastic bags typically without handles used to temporarily
contain newspapers, produce, meat, bulk foods, wet items, dry cleaning
and other similar merchandise or pet waste are not prohibited under
this bylaw.
This bylaw shall take effect six months following approval of
the bylaw by the Attorney General and all the requirements of G.L.
c.40, § 32 have been met.
Upon application by an owner or an owner's representative,
the Environmental Coordinator may exempt a retail store from the requirements
of this bylaw for up to six months upon a finding that the requirements
of this bylaw would cause temporary undue hardship; or the owner's
retail store requires additional time to draw down an existing inventory
of checkout bags.
No later than five months prior to the effective date of this
bylaw, the Environmental Department shall provide notice of its adoption
and effective date by: posting in several public spaces, such as the
Town website, newspaper of general circulation in the Town, Town Hall,
and Town social media, and (2) mailing to Retail Stores a copy of
this bylaw and the Attorney General's approval thereof.
Each Retail Store shall comply with all sections of this bylaw. Violations of this by law shall be enforced in accordance with § 1-6 of the Bylaws.
If any provision of this bylaw is declared invalid or unenforceable
the other provisions shall not be affected thereby.
