[HISTORY: Adopted by the Town of Littleton 11-1-2022 STM by Art. 16. Amendments noted where applicable.]
The purpose of this bylaw is to regulate the retail use of single-use
plastic checkout bags and promote the use of reusable, recyclable,
and biodegradable bags in the Town of Littleton. Regulating single-use
plastic bags positively impacts the local and global environment by
reducing solid waste, minimizing litter, reducing microplastic ingestion
and the overall carbon footprint of the Town of Littleton. We would
also like to note that we would be joining 147 towns across Massachusetts
that have already adopted restrictions on the retail use of plastic
bags.
1.
"Single-use Plastic Bag" refers to a plastic bag, including but not
limited to a bag with integral handles made of non-biodegradable plastic
that is less than 3.0 mils in thickness, and is provided by an establishment
to a customer at the point of sale in order to transport items.
2.
"Recyclable Paper Bag" refers to a paper bag that is 100% recyclable,
contains at least 40% post-consumer recycled content, and displays
in a visible manner on the outside of the bag the word "recyclable"
or (1) a symbol identifying the bag is recyclable or (2) a label identifying
the bag as being made from post-consumer recycled content.
3.
"Reusable Bag" refers to a bag with handles that is specifically
designed for multiple use, preferably made of natural fibers, that
is at least 3.0 mils or thicker.
4.
"Retail Establishment" refers to any business or vendor, whether
for profit or nonprofit, that sells or provides food, merchandise,
goods, or personal services to the public. Note that the term "Retail
Establishment" does not include bazaars or temporary or seasonal events
operated by nonprofit or religious institutions.
5.
"Non-Plastic Recyclable Bag" refers to a bag made of recyclable materials
such as paper.
1.
Single-use plastic bags shall not be distributed, used, or sold for
checkout or other purposes at any Retail Establishment within the
Town of Littleton with the following exception:
a.
Single-use plastic bags used to contain dry cleaning, newspapers,
produce, meat, bulk foods, wet items, perishables and other similar
merchandise, typically without handles, are still permissible.
3.
The Littleton Board of Health may adopt and amend rules and regulations
to effectuate the purposes of this bylaw.
The enforcement of this bylaw shall be the responsibility of
the Board of Health. The Board of Health shall determine the monitoring
and enforcement processes to be followed and incorporate those processes
into other Town duties as appropriate. This bylaw may be enforced
by any lawful means in law or in equity including, but not limited
to, a non-criminal disposition as provided in MGL c.40, § 21D.
In the event of such noncriminal disposition, the following
penalties shall apply:
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First Offense: written warning notice to the Retail
Establishment specifying the violation
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Second Offense: $25 penalty
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Third Offense: $50 penalty
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Subsequent Offenses: $100 penalty
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Fines shall be cumulative and each day on which a violation
occurs shall constitute a separate offense.
Each section of this bylaw shall be construed as separate to
the end that if any section, sentence, clause or phrase thereof shall
be invalid for any reason, the remainder of this bylaw shall continue
in force.
This bylaw shall take effect nine months following satisfaction
of the posting/publishing requirements set forth in MGL c. 40, § 32,
or August 1, 2023, whichever is later. The Board of Health may exempt
a Retail Establishment from the requirements of this section for a
period of up to six months upon a finding by the Board of Health that
(1) the requirements of this section would cause undue hardship; or
(2) a Retail Establishment requires additional time in order to draw
down an existing inventory of thin-film, single-use check-out plastic
bags.
