[Adopted 5-2-2017 by
Art. 35 as Art. XXXIV of the General Bylaws]
A.
Plastic checkout bags have a significant impact on the marine and
terrestrial environment, including, but not limited to: 1) harming
marine and terrestrial animals through ingestion and entanglement;
2) polluting and degrading the terrestrial and marine environments;
3) clogging storm drainage systems; 4) creating a burden for solid
waste disposal and recycling facilities; 5) requiring the use of nonrenewable
fossil fuel in their composition. Studies have shown that even alternative
"compostable" or "biodegradable" bags require very specific and controlled
conditions in order to biodegrade and have potentially negative environmental
effects similar to conventional plastic bags. Such bags should therefore
be subject to the same restrictions as conventional plastic checkout
bags.
B.
The purpose of this bylaw is to protect the Town's unique natural
beauty and irreplaceable natural resources by reducing the number
of single-use plastic checkout bags that are distributed in the Town
of Sudbury and to promote the use of reusable bags.
The following words shall, unless the context clearly requires
otherwise, have the following meanings:
A bag provided by a 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 the consumer to deliver such
items to the point of sale or checkout area of the store.
The Health Agent for the Sudbury Board of Health or their
designee.
A paper bag that is 100% recyclable and contains at least
40% post-consumer recycled content, and displays 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, restaurants, pharmacies, convenience and grocery stores, liquor
stores, seasonal and temporary businesses.
A sewn bag with stitched handles that is specifically designed
for multiple reuse and that:
Those 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 nonwoven polypropylene
fabric), if said film is less than 4.0 mils in thickness.
A.
No retail establishment in the Town of Sudbury shall provide thin-film,
single-use plastic checkout bags to customers after June 30, 2018,
for retail establishments with a floor area equal to or exceeding
3,500 square feet or with at least two locations under the same name
within the Town of Sudbury that total 3,500 square feet or more; or
after June 30, 2018, for retail establishments less than 3,500 square
feet.
B.
If a retail establishment provides or sells checkout bags to customers,
the bags must be one of the following:
Thin-film plastic bags typically without handles which are used
to contain dry cleaning, newspapers, produce, meat, bulk foods, wet
items, and other similar merchandise are not prohibited under this
bylaw.
A.
Health agents shall have the authority to enforce this bylaw. This bylaw may be enforced through any lawful means in law or in equity, including, but not limited to, noncriminal disposition pursuant to MGL c. 40, § 21D, and Chapter 1, General Penalty, Articles I and II, of the Town Code. Violations of this bylaw are punishable by a fine of up to $300 per violation.
The Board of Health may exempt a retail establishment from the
requirements of this bylaw for a period of up to six months upon a
finding by the Director that:
The Board of Health may adopt and amend rules and regulations
to effectuate the purposes of this bylaw.
If any provision of this bylaw is declared invalid or unenforceable,
the other provisions shall not be affected thereby.
