[HISTORY: Adopted by the Town Board of the Town of Bedford 6-5-2018 by L.L. No. 7-2018. Amendments noted where applicable.]
A.
The intent and purpose of this chapter is to encourage consumers
in the Town of Bedford to use their own reusable bags for shopping
by requiring not less than a $0.10 fee on single-use carry-out bags
that are provided at retail stores with over 5,000 square feet of
first-floor retail floor space.
B.
The Town Board hereby finds and determines that more than 100 billion
single-use plastic shopping bags are consumed in the United States
of America each year (U.S. International Trade Commission).
C.
The Town Board further finds that Americans consume more than 10
billion single-use paper bags each year (Northwest Region, Waste Management,
Waste by the Numbers, 2004).
D.
The production, transportation, disposal and littering of single-use
bags have serious environmental, communal and financial concern (Environment
Agency, Government United Kingdom, Evidence: A life cycle assessment
of supermarket carrier bags, 2006).
E.
The Town Board further finds that studies indicate that fees for
single-use paper and single-use plastic carry-out bags are effective
in reducing the proliferation of paper and plastic single-use carry-out
bags and protecting the environment (Government of the District of
Columbia, District Department of the Environment, 2012-2013, DDOE;
United Kingdom Department for Environment, Food and Rural Affairs).
F.
Based on studies performed by the Reusable Bag Task Force, it has
been determined that stores with under 5,000 square feet of first-floor
retail floor space shall be exempt from the fee for single-use carry-out
bags because such stores make an insignificant contribution to the
use of single-use carry-out bags.
G.
The Town Board concludes that in lieu of enacting a total ban of
plastic bags, the Town of Bedford should instead require certain stores
to charge a fee of not less than $0.10 on single-use carry-out bags.
If this approach fails to reduce the use of single-use carry-out bags
by at least 50% within one year of the effective date, the idea of
an outright ban and other measures can be revisited at a later date.
As used in this chapter, the following terms shall have the
meanings indicated:
An establishment with over 5,000 square feet of first-floor
retail floor space that is engaged in the retail sale of personal,
consumer or household items, including but not limited to drug stores,
pharmacies, grocery stores, supermarkets, convenience stores, food
marts, apparel stores, home center and hardware stores, stationery
and office supply stores, and food service establishments located
within grocery stores, supermarkets, convenience stores or food marts,
that provide carry-out bags to customers in which to place purchased
items. This term does not include food service establishments located
outside of grocery stores, supermarkets, convenience stores or food
marts.
A place where prepared food is provided for individual portion
service directly to a consumer, whether consumption occurs on or off
the premises.
Any natural person, firm, corporation, partnership or other
organization or group, however organized.
A paper bag that should have the following characteristics:
The transfer to a customer of goods in exchange for payment
occurring in retail stores, sidewalk sales, farmers' markets
and flea markets. The term "retail sales" does not include sales of
goods at yard sales, tag sales, and other sales by residents at their
homes.
A bag with handles that is specifically designed and manufactured
for multiple reuse and is either made of cloth or other machine-washable
material, but not film plastic, or made of durable plastic that is
at least 2.25 mils thick. Reusable carry-out bags provided to customers
pursuant to this chapter shall be conspicuously labeled as reusable.
An advisory committee previously appointed by the Town Board
to assist in the development of the retail single-use carry-out bags
law. Upon enactment of this chapter, the Reusable Bag Task Force will
assist in implementing the law and help ensure its success.
A plastic or recyclable paper bag provided by a covered store
to a customer at the point of sale and is used to carry goods from
such store; provided, however, that such term shall not include any
of the following:
A bag without handles used to carry produce, meats, poultry,
fish, dairy, dry goods or other non-prepackaged food items to the
point of sale within a covered store or to prevent such food items
from coming into direct contact with other purchased items;
A bag provided by a pharmacy to carry prescription drugs;
A garment bag;
A reusable bag; or
Any other bag exempted from the provisions of this chapter.
A.
Covered stores shall charge a fee of not less than $0.10 for each
single-use carry-out bag provided to any customer. All fees collected
by a covered store under this chapter shall be retained by the store.
Covered stores shall separately itemize the fee charged pursuant to
this chapter on the standard receipt provided to customers.
B.
No covered store shall charge a fee for, or prevent a customer from
using, bags of any type brought by the customer to such store to carry
purchased goods from such store.
C.
Nothing in this chapter shall prohibit customers from carrying away
goods that are not placed in a bag.
A.
Paper carry-out bags provided by covered stores to customers shall
contain a minimum of 40% post-consumer recycled content and be conspicuously
labeled with the amount of post-consumer recycled content.
B.
Covered stores shall charge a fee of not less than $0.25 for each
reusable bag sold to any customer. All fees collected by a covered
store under this section shall be retained by the store.
C.
Notwithstanding the provisions of § 98-5B, covered stores may provide their customers with reusable bags for less than $0.25 for each reusable bag, or free of charge, from December 1, 2019 to December 31, 2019. Beginning in December 2020, covered stores may provide their customers with reusable carry-out bags for less than $0.25 for each reusable bag, or free of charge, for a two-week period each year from December 1 to December 15.
The Reusable Bag Task Force shall prepare and submit on April
1, 2020, and each April 1 thereafter through April 1, 2023, an annual
report for review by the Town Board that includes information on the
progress of single-use carry-out bag reduction, including, but not
limited to:
A.
The general effectiveness of this chapter in reducing the use of
single-use carry-out bags in the Town and increasing the use of reusable
carry-out bags;
B.
The waste- and litter-reduction benefits of this chapter, including,
where practicable, the amount of single-use plastic bags in the waste
stream;
C.
Plastic and paper single-use carry-out bag usage trends since implementation
of this local law;
D.
The number of notices of violation issued pursuant to this chapter;
and
E.
Any cost savings for the Town attributable to single-use carry-out
bag reduction, such as reduced contamination of local waterways or
reduction in flooding or combined sewer overflows.
F.
While this law exempts delicatessens and restaurants, it is further
recommended that a pilot program be instituted by the Reusable Bag
Task Force, which pilot program will include five to seven delicatessens
and restaurants that will voluntarily decrease plastic/Styrofoam containers
and single-use carry-out bags in these locations as part of an effort
to decrease litter in Town. If the pilot program is successful, the
Town Board may consider including delicatessens and restaurants as
covered stores as defined in this chapter.
G.
The Reusable Bag Task Force will evaluate and recommend whether it
is appropriate for other stores to be included as covered stores as
defined in this chapter.
H.
If the Reusable Bag Task Force finds that single-use carry-out bag
use has not decreased among the covered stores by 50% or more during
the twelve-month period beginning with the effective date of this
chapter, then the Town Board may consider one or more of the following
revisions to this chapter: an increase in the fee, an outright ban
on single-use plastic bags and expansion of the definition of "covered
stores" to include additional establishments.
Covered stores are prohibited from making a charge against,
or deduction from, the wages of an employee to offset any penalty
addressed against the covered store pursuant to this chapter.
The provisions of this chapter shall be enforced by the Police
Department of the Town of Bedford, the Town Code Enforcement Officer
or other officials designated by the Town Board.
Any person violating any provision of this chapter shall be
subject to a fine not exceeding $250 for the first violation, $500
for the second violation and $1,000 for the third violation, or each
violation thereafter. The continuation of a violation of the provisions
of this chapter shall constitute, for each day the violation continues,
a separate and distinct violation hereunder.
This law shall apply to all actions occurring on or after the
effective date of this law.
This chapter shall take effect on April 1, 2019.
