As used in this article, the following words and phrases shall
have the following meanings unless the context clearly requires otherwise:
COMPLIANT BAG
The following paper carry-out bags and reusable bags:
A.
A paper bag that meets the following minimum requirements:
(1)
It is considered a recyclable paper material in Chapter
82 of 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
B.
A reusable bag with stitched handles that is specifically designed
and manufactured for multiple reuse. Reusable bags shall be made of
either cotton, polyester, polypropylene, or other durable material.
CUSTOMER
Any person purchasing or receiving goods or services from
a retail establishment.
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.
"Post-consumer recycled material" does not include materials and by-products
generated from and commonly reused within an original manufacturing
and fabrication process.
RETAIL ESTABLISHMENT
Any store or commercial establishment, whether for profit
or not for profit, 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. Retail establishments include but are not
limited to a commercial establishment that generates a sales or use
tax; a drugstore, pharmacy, supermarket, grocery store, farmers' market,
convenience food store, food mart, delivery service or other business
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. For purposes of this article, retail establishments
shall not include dry cleaners, food banks, food pantries, senior
citizen centers or similar meal centers operated by nonprofit or governmental
organizations or religious institutions.
SINGLE-USE PLASTIC CARRY-OUT BAG
Any bag made predominantly of plastic derived from either
petroleum or a biologically based source, such as corn or other plant
sources, which is made through a blown film extrusion process and
that is provided by a retail establishment to a customer at the point
of sale. The term does not include bags intentionally designed for
reuse or product packaging. The following are exempt from the category
of single-use plastic carry-out bags:
A.
A bag without handles that is used to deliver perishable items
to the point of sale at a commercial establishment, including bags
used to package bulk items, contain frozen foods, unwrapped prepared
foods and bakery goods, produce, meat, and live animals;
B.
Bags used for laundry, dry cleaner, newspaper, or to protect
a purchased item from damaging or contaminating other purchased items;
C.
Bags sold in packages containing multiple bags, packaged at
time of manufacture, and intended for use as food storage bags, lawn
bags, trash or garbage bags, or pet waste bags.
Beginning six months after the effective date of this article,
no retail establishment shall provide to any customer a single-use
plastic carry-out bag for the purpose of carrying goods away from
the point of sale or for take-out deliveries from retail establishments
within the Township. The point of sale in such transactions is deemed
to be at the retail establishment regardless of where or how payment
for the transaction occurs.
Beginning 30 days after the effective date of this article,
and for six months thereafter, retail establishments are required
to 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; that there will be a charge on any store-provided
bags; explaining what types of bags and purchases are impacted; and
providing any other information the Township may require by regulation.