[HISTORY: Adopted by the Borough Council of the Borough of Newtown 3-12-2024 by Ord. No. 799. Amendments noted where applicable.]
A. 
The purpose of this chapter is to reduce the use of single-use plastic bags, expanded polystyrene food service products, single-use plastic straws and single-use plastic utensils by retail establishments within the Borough.
B. 
To curb litter on the streets, in the parks, and in the trees; protect the local streams, rivers, waterways and other aquatic environments; reduce greenhouse gas emissions; reduce solid waste generation; promote the use of reusable, compostable, and recyclable materials within the Borough; and to preserve the natural, scenic, historic, and aesthetic values of the Borough.
C. 
To relieve the pressure for landfills to manage the disposition of single-use products.
As used in this chapter, the following terms shall have the meanings indicated:
CUSTOMER
Any person purchasing goods or services from a retail establishment.
EFFECTIVE DATE
The effective date of the ordinance that added this chapter to the Borough's Code of Ordinances.
EXEMPTED BAG
A. 
A bag used inside a retail establishment by a customer to deliver perishable items to the point-of-sale at that establishment.
B. 
Shall include:
(1) 
A bag used to package bulk items such as fruit, vegetables, nuts, grains, or candy.
(2) 
A bag used to contain or wrap meats or fish; to contain unwrapped prepared foods or bakery goods.
(3) 
A bag used solely to contain live animals, such as fish or insects, sold in a pet store.
(4) 
A bag sold in packaging containing multiple bags and packaged at the time of manufacture of the bag.
(5) 
A bag used for newspaper delivery.
EXPANDED POLYSTYRENE
Blown polystyrene and expanded and extruded foams that are thermoplastic petrochemical materials utilizing a styrene monomer and processed by a number of techniques, including but not limited to: fusion of polymer spheres, known as expandable bead 20 polystyrene; injection molding; foam molding; and extrusion-blow molding, also including Styrofoam, also known as extruded foam polystyrene.
EXPANDED POLYSTYRENE FOOD SERVICE PRODUCT
A. 
A product made of expanded polystyrene that is used for selling, providing, or transporting food or beverages.
B. 
Shall include:
(1) 
Food containers.
(2) 
Plates.
(3) 
Hot and cold beverage cups.
(4) 
Trays.
(5) 
Clamshells.
C. 
Shall not include:
(1) 
Food or beverages that have been packaged in expanded polystyrene outside the Borough before receipt by a food service establishment or store.
(2) 
A product made of expanded polystyrene that is used to package raw, uncooked, or butchered meat, fish, poultry, or seafood.
(3) 
Non-foam polystyrene food service products.
NON-RECYCLABLE PAPER BAG
A paper bag that does not qualify as a recyclable paper bag.
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.
RECYCLABLE PAPER BAG
A paper bag that meets the following, but not including an exempted bag:
A. 
Is 100% recyclable;
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 area on the outside of the bag, and is labeled in a highly visible manner with the name of the manufacturer and the percentage of post-consumer recycled content of the bag in an easy-to-read font size.
RETAIL ESTABLISHMENT
A location where food or other products are offered to the public for direct sale or delivery to a customer, including but not limited to the following: supermarket, convenience store, service station, delicatessen, department store, dollar store, clothing store, restaurant, pharmacy, food truck, farmers' market or delivery service, but not including dry cleaners.
REUSABLE BAG
A carryout bag that is designed and manufactured for multiple uses and is:
A. 
Made of cloth or other machine-washable fabric that has stitched handles; or
B. 
A polypropylene bag that has stitched handles.
SINGLE-USE PLASTIC BAG
A bag made through a blown-film extrusion process, but not including an exempted bag.
SINGLE-USE PLASTIC STRAW
A. 
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 of plastic and which is primarily intended for a single use. The term shall also include a stirrer, a device used to mix beverages, intended for a single use, and made from plastic.
B. 
The term "single-use plastic straw" shall not include straws provided under any of the following circumstances:
(1) 
When provided with a beverage on private property used as a residence;
(2) 
When provided by a state, federal or local government agency;
(3) 
When packaged with beverages prepared and packaged outside of the Borough, provided such beverages are not altered, packaged, or repackaged within the Borough;
(4) 
When provided as an assistance device to reasonably accommodate a disability.
SINGLE-USE PLASTIC UTENSIL
A. 
Any item used or provided by a retail establishment to serve, consume, or manipulate food or beverages that is primarily made from plastic, other than a single-use plastic straw.
B. 
Includes, but is not limited to, forks, spoons, sporks, knives, chopsticks, drink stirrers, beverage spill plugs, toothpicks, novelty cocktail accessories, and other drink or food accoutrements.
C. 
Shall not include utensils provided under the following circumstances:
(1) 
When packaged with beverages prepared and packaged outside of the Borough, provided such beverages are not altered, packaged or repackaged within the Borough.
(2) 
When provided as an assistive device to reasonably accommodate a disability.
A. 
Beginning 180 days after the effective date, retail establishments are prohibited from providing a non-recyclable paper bag to a customer at the retail establishment or through a delivery.
B. 
A retail establishment may provide a consumer a recyclable paper bag at the point of sale if the bag is provided to the customer for a charge of not less than $0.15 per bag.
C. 
All monies collected by a retail establishment under this section for provision of a recycled paper bag shall be retained by the retail establishment.
D. 
Any charge for a recycled paper bag shall be separately stated on any receipt provided to the customer at the time of sale and shall be identified as the "carry-out bag charge" thereon.
A. 
A retail establishment may provide a customer a reusable bag at the point of sale if the bag is provided to the customer for a charge of not less than $0.15 per bag.
B. 
All monies collected by a retail establishment under this section for provision of a reusable bag shall be retained by the retail establishment.
C. 
Any charge for a reusable bag shall be separately stated on a receipt provided to the customer at the time of sale and shall be identified as the "carry-out bag charge" thereon.
Beginning 90 days after the effective date, and for six months thereafter, retail establishments are required to post at all points of sale conspicuous signage: informing customers that single-use plastic bags and non-recyclable paper bags will no longer be provided by the retail establishment as of the date the prohibition begins; explaining what types of bags and purchases are impacted; and providing any other information the Borough may require by regulation.
Beginning 180 days after the effective date, retail establishments are prohibited from providing single-use plastic straws, except upon request of a customer.
Beginning 180 days after the effective date, retail establishments are prohibited from providing single-use plastic utensils, except upon request of a customer.
Borough Council or its designee, may, in its sole discretion, upon written request of a retail establishment, exempt a retail 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 Council or its designee that the requirements of this chapter would cause undue hardship to the retail establishment. The Council or its designee may make a finding of undue hardship only in the following circumstances or situations, and any exemptions that may be provided by the Council pursuant hereto may, in the Council's discretion, contain conditions:
A. 
The retail establishment has a unique circumstance or situation such that there are no reasonable alternatives to single-use plastic bags, single-use plastic straws, single-use plastic utensils, non-recyclable paper bags or expanded polystyrene food product; or
B. 
Additional time is necessary to draw down an existing inventory held by the retail establishment of single-use plastic bags, non-recyclable paper bags, or expanded polystyrene food service product.
A. 
The Borough Council or its designee shall have the primary responsibility for enforcement of this chapter.
B. 
A person or retail establishment that violates the requirements of this chapter shall:
(1) 
Be given a written warning for a first offense with a thirty-day grace period before issuing a second offense;
(2) 
Be subject to a civil penalty of $50 for a second offense;
(3) 
Be subject to a civil penalty of $100 for a third offense; and
(4) 
Be subject to a civil penalty of $200 for a fourth or any subsequent offense.
C. 
Any retail establishment that receives an initial written warning notice may file a request for an exemption to the extent permitted pursuant to § 440-10 above.
D. 
In addition to the penalties set forth in this chapter, the Borough shall be entitled to its attorneys' fees and the costs of enforcing this chapter, and may seek legal, injunctive, or other equitable relief to enforce this chapter.
E. 
The failure of the Borough to enforce any provision of this chapter shall not constitute a waiver by the Borough of its rights to future enforcement hereunder.