[Adopted 5-24-2019 by Ord. No. 2753]
Plastic bags often are discarded into the environment and end
up polluting our waterways, clogging sewers, endangering marine life
and causing unsightly litter. These bags last hundreds of years in
landfills and are a potential source of harmful chemicals when they
do break down. They are made of nonrenewable energy resources that
are better conserved for other uses. The purpose of this article is
not to facilitate a shift to paper bags, but to encourage consumers
to use reusable bags.
The Town of Windham is committed to reducing bag waste to protect
and preserve the environment in Windham for the benefit and welfare
of its residents by encouraging the use of reusable checkout bags
and by banning the use of plastic bags used at retail checkout of
purchased goods. The Town of Windham encourages business to make reusable
bags available for such purposes.
As used in this article, the following terms shall have the
meanings indicated:
BUSINESS
An entity that sells or provides, at retail sale, merchandise,
goods, or materials, including but not limited to: clothing; food;
personal items of any kind, directly to consumers and includes, by
way of example and not limitation: grocery stores; department stores;
hardware stores; pharmacies; liquor stores; restaurants; catering
trucks; temporary vendors such as farmers' markets; street fairs;
and convenience stores.
CHECKOUT BAG
A carryout bag with or without handles provided by a business
to a customer at the point of sale that is intended for the purpose
of transporting food or merchandise out of the business. The term
"checkout bag" does not include product bag.
PLASTIC CHECKOUT BAG
A checkout bag that is less than 12 mil thick that is made
of plastic derived from fossil fuels or from a genetically modified
organism bio-based source (such as corn or plant sources), which is
provided at checkout to transport items purchased or provided by a
business establishment.
PRODUCT BAG
A single-use plastic or paper noncheckout bag to include,
but not limited to, newspaper bags, door-hanger bags, laundry dry
cleaning bags, bags sold in packages containing multiple bags intended
for use as garbage, pet waste bags, yard waste bags, and bags that
are used by consumers inside stores to: package bulk items such as
fruit, vegetables, mushrooms, nuts, grains, candy; contain or wrap
frozen foods, meat, or fish, whether packaged or not; contain or wrap
flowers, potted plants or other items where dampness may be a problem;
contain unwrapped prepared foods or bakery goods; contain pharmacy
prescriptions; or safeguard public health during the transportation
of hospital waste.
RECYCLABLE PAPER BAG
A bag that is 100% recyclable and contains no old growth
fiber and a minimum of 40% post-consumer recycled content.
RETAIL SALE
The transfer to a customer of goods in exchange for payment
occurring in retail stores, sidewalk sales, farmers' markets, flea
markets and restaurants. The term "retail sales" does not include
sales of goods at yard sales, tag sales, or other sales by residents
at their home.
REUSABLE CHECKOUT BAG
A bag with handles that is specifically designed and manufactured
for multiple reuses and is made of cloth or other washable fabric.
A reusable checkout bag may be recyclable or compostable and must
be specifically designed and manufactured for at least 100 reuses.
This article shall become effective six months after the date
of publication.
In the event that compliance with the effective date of this
article is not feasible for a small retail establishment because of
economic hardship, the Town Manager may grant a waiver of not more
than six months upon application of the owner or the owner's representative.