[Adopted 5-7-2019 by Ord. No. 2946-19[1]
[1]
Editor's Note: This article, originally included as Ch. 100, Checkout Bags, was redesignated for organizational purposes.
[Amended 3-17-2020 by Ord. No. 2991-20
The following definitions apply to this chapter:
CUSTOMER
Any person purchasing goods or services from a retail establishment.
DIRECTOR OF THE DEPARTMENT OF COMMUNITY DEVELOPMENT
The person designated as the Director of the Department of Community Development by the Township of Maplewood.
OPERATOR
The person in control of, or having the responsibility for, the operation of a retail establishment, which may include, but is not limited to, the owner of the retail establishment.
PERSON
Any natural person, firm, corporation, partnership, or other organization or group, however organized.
RETAIL ESTABLISHMENT
Any store or commercial establishment that sells perishable or nonperishable goods including, but not limited to, clothing, food, and personal items directly to the customer and is located within or doing business within the geographical limits of the Township of Maplewood. Retail establishments include: a business establishment that generates a sales or use tax; a drugstore, pharmacy, supermarket, grocery store, convenience food store, food mart, or other commercial entity engaged in the retail sale of a limited line of goods that includes milk, bread, soda, and snack foods; a public eating establishment (i.e., a restaurant, take-out food establishment, or any other business that prepares and sells prepared food to be eaten on or off its premises); and a business establishment that sells clothing, a hardware store, or any other nonperishable goods.
REUSABLE BAG
Any bag made of cloth or nonplastic material with handles that is specifically designed and manufactured for multiple reuse.
SINGLE-USE PLASTIC CARRY-OUT BAG
Any bag made predominately of plastic derived from either petroleum or a biologically based source such as corn or other plant sources, that is provided by an operator of a retail establishment to a customer at the point of sale. This definition specifically exempts the following from the category of "single-use plastic carry-out bag":
A. 
Bags provided by operators and used by consumers inside retail establishments to:
(1) 
Package bulk items, such as fruit, vegetables, nuts, grains, candies, or small hardware items;
(2) 
Contain or wrap frozen foods, meat, or fish, whether packaged or not;
(3) 
Contain or wrap flowers, potted plants, or other items where dampness may be an issue;
(4) 
Contain live animals, such as fish or insects sold in pet stores;
(5) 
Contain unwrapped prepared foods or bakery goods; or
(6) 
Contain pharmacy prescriptions or medicines; or
(7) 
Function as "produce bags" or "product bags," which shall mean bags used exclusively to carry produce, meats, or other food items to the point of sale inside a retail establishment or, for reasons of public health and safety, to prevent such food items from coming into direct contact with other purchased items.
B. 
Newspaper bags for home delivery, door-hanger bags, laundry and/or dry-cleaning bags, or hags sold in packages containing multiple bags intended for use as food storage bags, garbage bags, yard waste bags, or pet waste bags.
[Amended 3-17-2020 by Ord. No. 2991-20
A. 
No retail establishment shall provide to any customer, or to any person, a single-use plastic carry-out bag, as defined above. This prohibition applies to bags provided for the purpose of carrying goods away from the point of sale and does not apply to product bags or to produce bags used to carry product or produce within the retail establishment to the point of sale. The prohibition applies to single-use plastic carry-out bags used for takeout deliveries from retail establishments within the Township of Maplewood. The point of sale in such transactions is deemed to be at the retail establishment, regardless of where payment for the transaction physically occurs.
B. 
Single-use plastic carry-out bags may not be distributed on Township property or at Township-sponsored events.
[Amended 3-17-2020 by Ord. No. 2991-20
A. 
All retail establishments shall make available to customers, upon request by the customer, for a fee of $0.05, paper bags for the purpose of carrying goods or other materials away from the point of sale, subject to the provisions of this chapter. The fee charged shall be reflected in the sales receipt and shall be subject to applicable tax. The fee charged shall be retained by the retail establishment.
B. 
The following bags shall be exempt from the five-cent-fee and are provided by operators inside retail establishments to:
(1) 
Package bulk items, such as fruit, vegetables, nuts, grains, candies, or small hardware items;
(2) 
Contain unwrapped prepared foods or bakery goods;
(3) 
Take home uneaten food that has been served in a restaurant;
(4) 
Take out foods intended for consumption away from the retail establishment for reasons of public health and safety during the transportation of such food products;
(5) 
Contain pharmacy prescriptions and medicines; or
(6) 
Function as "produce bags" or "product bags," which shall mean bags used exclusively to carry produce, meats, or other food items to the point of sale inside a retail establishment or, for reasons of public health and safety, to prevent such food items from coming into direct contact with other purchased items.
Nothing in this chapter shall prevent any retailer upon prior written notice to the Director of the Department of Community Development and approval by the Maplewood Township Committee, from providing compostable plastic bags, free of charge, for the purpose of carrying goods or other materials away from the point of sale, providing the following:
A. 
Compostable plastic bags shall meet current American Society for Testing & Materials (ASTM) D6400 Standard Specifications for compostability and be labeled: (1) with the Biodegradable Product Institute ("BPI") logo as meeting the ASTM standard for compostability; and (2) with the word "compostable" on the bag in lettering that is readily and easily identifiable.
B. 
A retail establishment providing compostable bags shall operate an at-store recycling program so that customers may return the compostable bags. Such program shall, at a minimum, include at least one accessible and highly visible compostable bag collection box and signs at each register informing customers that compostable bags should be returned to the store and not placed in household recycling or compost piles.
C. 
A retail establishment providing compostable bags shall provide the Director of the Department of Community Development with a signed agreement with an authorized compostable recycling facility to accept the compostable bags collected at the retail establishment.
D. 
A retail establishment providing compostable bags must also have reusable bags available to their customers for purchase or for free.
E. 
A retail establishment providing compostable bags must certify annually to the Township of Maplewood that it has complied with the provisions of this chapter.
[Amended 3-17-2020 by Ord. No. 2991-20
A. 
Each retail establishment shall be strongly encouraged to educate its staff to promote the use of reusable bags and to post signs encouraging customers to use reusable bags rather than paper carry-out bags.
B. 
Each retail establishment shall be strongly encouraged to educate its staff to make inquiry to a customer whether the customer desires a paper carry-out bag or has supplied his/her own reusable bags before offering the paper carry-out bags to the customer.
C. 
Each retail establishment shall inform customers that if they choose a paper carry-out bag they will be charged a fee of $0.05 per paper bag.
D. 
Nothing in this article prohibits customers from using bags of any type that they choose to bring to retail establishments themselves, in lieu of using bags available for a fee from the retail establishment, or from carrying away goods that are not placed in a bag.
E. 
Nothing in this article shall prohibit a retail establishment from providing a credit to a customer who has supplied his/her own bags.
F. 
Nothing in this article shall prohibit a retail establishment from offering for sale reusable bags, for a fee of $0.05 or greater.
G. 
The Township of Maplewood shall undertake a reusable bag education program that includes:
(1) 
Distributing information and free reusable bags as part of a Bring Your Own Bag (BYOB) campaign; and
(2) 
Maintaining "Give One - Take One" reusable bag collection boxes in municipal and other facilities.
[Amended 3-17-2020 by Ord. No. 2991-20
A. 
Any customer who states that she or he participates in, or is a beneficiary of, any United States government federal welfare program, including but not limited to the Special Supplemental Nutrition Program for Women, Infants and Children (WIC) or any local or county welfare assistance program, or any New Jersey State welfare program, including but not limited to the New Jersey Supplemental Nutritional Assistance Program (SNAP) or the New Jersey State Supplemental Security Income Program (SSI) shall be provided paper bags without charge. No further identification is necessary.
B. 
Any customer who states that she or he is aged 65 and over shall be provided paper bags without charge. No further identification is necessary.
C. 
Any person who receives food, household items and/or personal care items from a food pantry or food distribution program shall be provided paper bags without charge.
[Amended 3-17-2020 by Ord. No. 2991-20
A. 
The Director of the Department of Community Development, or his/her designee, has the responsibility for enforcement of this article and may promulgate reasonable rules and regulations in order to enforce the provisions thereof, including, but not limited to, investigating violations and issuing fines.
B. 
Any retail establishment that violates or fails to comply with any of the requirements of this article after an initial written warning notice has been issued for that violation shall be liable for an infraction.
C. 
If a retail establishment has subsequent violations of this article after the issuance of an initial written warning notice of a violation, the following penalties will be imposed and payable by the operator of the retail establishment:
(1) 
First offense: $50.
(2) 
Second offense: $100.
(3) 
Third and subsequent offense(s): $200.
D. 
Fines shall be imposed for each day a violation occurs or is allowed to continue. A retail establishment shall not be subject to more than one fine for violations or continuing violations that occur on the same day.
E. 
Appeal of a written warning notice or fine shall be conducted pursuant to standard municipal regulations and procedures concerning appeals already adopted by the Township of Maplewood.