For the purposes of this chapter, the following definitions
shall apply unless the context clearly requires and unambiguously
dictates otherwise:
COMMERCIAL ESTABLISHMENT
Any store or retail 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.
Commercial establishments include: a business establishment that generates
a sales or use tax; a drugstore, pharmacy, supermarket, grocery store,
farmers market, convenience food store, food mart, or other commercial
entity engaged in the retail sale of a limited line of goods that
include 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, hardware, or any
other nonperishable goods.
COMPLIANT BAG
Certain paper carry-out bags and reusable bags:
A.
A paper bag that meets all the following minimum requirements:
(1)
It is considered a recyclable material, based on the Township
Code, as the same may be amended from time to time; contains a minimum
of 40% post-consumer recycled material; and displays the words "recyclable"
and/or "reusable" in a highly visible manner on the outside of the
bag; or
(2)
It can be composted. To qualify as "compostable," the specifications
for the bag shall have been submitted to and been approved by the
Township Environmental Advisory Council; or have met an applicable
federal, Commonwealth of Pennsylvania, American Society for Testing
and Materials or other generally recognized and acceptable standard
for being compostable.
B.
A reusable bag that is a carryout bag designed and manufactured
for multiple uses and is:
(1)
Made of cloth or other machine-washable fabric;
(3)
Other material that is specifically designed and manufactured
for multiple reuse.
CUSTOMER
Any person purchasing goods or services from a commercial
establishment.
EXEMPTED BAG
A bag used inside a commercial establishment by a customer
to deliver perishable items to the point-of-sale at that establishment.
Exempted bags shall include:
A.
A bag used to package bulk items such as fruit, vegetables,
nuts, grains, or candy;
B.
A bag used to contain or wrap meats or fish, or to contain unwrapped
prepared foods or bakery goods;
C.
A bag used solely to contain live animals, such as fish or insects
sold in a pet store; and/or
D.
A bag sold in packaging containing multiple bags and intended
for use as food storage bags, garbage bags, or pet waste bags, and
packaged at the time of manufacture of the bag.
OPERATOR
The owner, person in control, or person having responsibility
for, the operation of a commercial establishment, which may include,
but is not limited to, the owner of the commercial establishment.
PLASTIC
A synthetic material made from linking monomers through a
chemical reaction to create a polymer chain that can be molded or
extruded at high heat into various solid forms that retain their defined
shapes during their life cycle and after disposal, including material
derived from either petrochemicals or a biologically based polymer,
such as corn or other plant sources.
POST-CONSUMER RECYCLED MATERIAL
A material that would otherwise be destined for solid waste
disposal, having completed its intended end use and product life cycle.
This term does not include materials and by-products generated from
and commonly reused within an original manufacturing and fabrication
process.
RECYCLABLE
Material that can be sorted, cleansed, and reconstituted
using available recycling collection programs for the purpose of reusing
the altered, incinerated, converted, or otherwise thermally destroyed
solid waste generated therefrom.
SINGLE-USE, PLASTIC CARRY-OUT BAG
Any bag that is made predominantly of plastic that is made
through a blown-film extrusion process, which is provided by an operator
of a commercial establishment to a customer at the point-of-sale,
but not including an exempted bag.
Effective January 1, 2023, no commercial establishment shall provide to any customer a single-use, plastic carry-out bag, as defined in §
320-2 above. This prohibition applies to bags provided for the purpose of carrying goods away from the point-of-sale. This prohibition applies to single-use, plastic carry-out bags used for takeout deliveries from commercial establishments within the Township. The point-of-sale in such transactions shall be the commercial establishment, regardless of where payment for the transaction physically or electronically occurs.
Beginning January 1, 2023, and for a minimum of six months thereafter,
commercial establishments shall post at all points-of-sale conspicuous
signage informing customers that single-use, plastic carry-out bags
and nonrecycled paper bags will no longer be provided by the establishment
as of the date the prohibition begins; explaining what types of bags
and purchases are impacted; and providing any other information the
Township may require by regulation.
The Township may, upon written request of a commercial establishment,
exempt a commercial establishment from the requirements of this chapter
until July 1, 2023 upon a finding by the Board that the requirements
of this chapter would cause undue hardship to the commercial establishment.
An "undue hardship" shall be found only if the commercial establishment
demonstrates that it has a unique circumstance or situation such that
there are no reasonable alternatives to the use of single-use, plastic
carry-out bags.