Town of East Hampton, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of East Hampton 12-18-2014 by L.L. No. 42-2014. Amendments noted where applicable.]

§ 83-1 Definitions.

As used in this chapter, the following terms shall have the indicated meanings:
CHECKOUT BAG
A carryout bag that is provided to a customer at the point of sale. The term "checkout bag" does not include plastic produce bags, paper bags or plastic bags measuring 28 inches by 36 inches or larger in size.
PLASTIC PRODUCE BAG
A flexible container made of very thin plastic material with a single opening that is used to transport produce, meats or other items selected by the customers to the point of sale.
RECYCLABLE PAPER BAG
A paper bag that should have the following characteristics:
A. 
Contains no old-growth fiber;
B. 
Is 100% recyclable overall and contains a minimum of 40% postconsumer recycled content.
REUSABLE BAG
A bag with handles that is specifically designed and manufactured for multiple reuse and is:
A. 
Made of cloth or other fabric; and/or
B. 
Made of durable plastic that is at least 2.25 millimeters thick.

§ 83-2 Restriction on checkout bags.

A. 
Any person engaged in retail sales within a principal or accessory retail use within the Town shall provide only reusable bags and/or recyclable paper bags as checkout bags to customers.
B. 
Nothing in this section shall preclude persons engaged in retail sales from making reusable bags available for sale to customers.

§ 83-3 Operative date.

The restriction set forth in § 83-2 shall become operative five months after April 22, 2015 (Earth Day), so as to allow retail establishments a period of time within which to dispose of their existing inventory of checkout bags and convert to alternative packaging materials.

§ 83-4 Penalties for offenses.

Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $1,000 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.