The purpose of the chapter is to encourage consumers and commercial
establishments within the Township to help reduce the use and environmental
impact of single-use plastics by promoting the use of reusable bags,
utilizing alternatives to single-use plastic straws, training employees
to ask customers first before providing a single use plastic item,
and substituting other biodegradable products for polystyrene food
containers.
For purposes of this chapter, the following definitions shall
apply:
COMMERCIAL ESTABLISHMENT
Any person, corporation, partnership, business venture, vendor,
or retail sales establishment located within the Township that regularly
sells, rents, or provides food, merchandise, goods, or materials,
whether perishable or nonperishable, for direct use or consumption
and not for resale, whether or not for profit, including, but not
limited to: restaurants (eat-in and/or take-out food), food trucks,
farmers' markets, bars, pharmacies, convenience and grocery stores,
seasonal and temporary businesses or markets, service stations, delicatessens,
retail stores, delivery services, or other similar nonresidential
uses.
DISTRIBUTE or PROVIDE
The vending, sale, giving, deployment, or delivering for
any purpose of a single-use carry-out plastic bag, a single-use plastic
straw, or polystyrene food container whether or not incident to the
sale, vending, or production of any merchandise or beverage.
POLYSTYRENE FOOD CONTAINER
A nonrecyclable plastic disposable food or drink container
made of synthetic resin of polystyrene (one example is known as Styrofoam®)
which is for single use and intended for serving or transporting ready-to-eat
food or beverages. This definition includes cups, plates, trays, bowls,
and hinged or lidded containers, but does not apply to cup lids.
PRODUCE BAG or PRODUCT BAG
Any bag without handles used exclusively to carry produce,
meats, fish, other foods items, merchandise, or bulk items such as
nuts, grains, or candy to the point of sale inside a store; to prevent
such items from coming in direct contact with other purchased items;
to contain unwrapped prepared foods or bakery goods; or to contain
or wrap flowers, potted plants, or similar items.
RECYCLABLE PAPER BAG
A paper bag that meets all of the following criteria:
B.
Contains no old growth fiber;
C.
Contains a minimum of 40% post-consumer recycled content; and
D.
Displays the word "Recyclable" in a highly visible manner on
the outside of the bag, and is labeled with the name of the manufacturer,
the location (country) where manufactured, and the percentage of post-consumer
recycled content in an easy-to-read size font.
REUSABLE BAG
A bag that meets all of the following criteria:
A.
Is designed and manufactured to withstand repeated uses over
time;
B.
Is machine washable or made from a material that can be cleaned
and disinfected regularly; and
C.
Has the capability of carrying a minimum of 18 pounds.
SINGLE-USE CARRY-OUT PLASTIC BAG
A bag that is made predominantly of plastic and is made using
a blown-film extrusion process, other than a reusable bag, as defined
below, provided at the check-out stand, cash register, point of sale,
or other point of departure for the purpose of transporting food or
merchandise out of the establishment. A single-use plastic carry-out
bag shall not include any of the following:
A.
Produce bags or product bags;
B.
Laundry or dry-cleaner bags;
C.
Bags used to contain a newspaper for home delivery; or
D.
Any bags provided for use by a commercial establishment operated
by the Commonwealth of Pennsylvania, or otherwise provided by a federal,
commonwealth, or local government agency.
SINGLE-USE PLASTIC STRAW
A straw sold or distributed for the purpose or intent of
transferring a beverage from its container to the mouth of the drinker
by suction, which is made predominantly of plastic and which is primarily
intended for a single use. The term shall also include a plastic stirrer,
a device used to mix beverages, intended for a single use, and made
predominantly from plastic. The term "single-use plastic straw" shall
not include straws or stirrers composed of nonplastic materials, such
as bamboo, sugar cane, wood, or paper. The term "single-use plastic
straw" shall not include straws provided under the following circumstances:
A.
When provided with a beverage on private property used as a
residence;
B.
When provided by a state, federal or local government agency;
C.
When packaged with beverages prepared and packaged outside of
the Township, provided such beverages are not altered, packaged or
repackaged within the Township; or
D.
When provided as an assistance device to reasonably accommodate
a disability.
Except as provided in this chapter, beginning 180 days after
the effective date of this chapter, commercial establishments are
prohibited from providing single-use plastic straws or polystyrene
food containers to a customer, patron, or user of the commercial establishment
under any circumstance, unless subject to an exemption. The prohibition
set forth in this section shall not apply to single-use plastic straws
or polystyrene food containers such as plates, cups, and bowls, which:
A. Contain multiple single-use plastic straws or polystyrene food containers;
B. Are packaged by the manufacturers of such items at the time of their
manufacture; and
C. Are ultimately sold to consumers for home use.
The Township may, in its sole discretion, upon written request
of a commercial establishment, exempt a commercial establishment from
the requirements of this chapter for a period of not more than one
year from the Effective Date upon a finding by the Board that the
requirements of this chapter would cause undue hardship to the commercial
establishment. The Board may make a finding of undue hardship only
in the following circumstances or situations, and any exemptions that
may be provided by the Board pursuant hereto may, in the Board's
discretion, contain conditions:
A. The commercial establishment has a unique circumstance or situation
such that there are no reasonable alternatives to single-use carry-out
plastic bags, single-use plastic straws, or polystyrene food containers;
B. Compliance with the requirements of this chapter would deprive a
commercial establishment of a legally protected right;
C. Additional time is necessary in order to draw down an existing inventory
held by the commercial establishment of single-use carry-out plastic
bags, single-use plastic straws, or polystyrene food containers.