[HISTORY: Adopted by the City Council of
the City of Trenton 12-5-2019 by Ord. No. 19-71. Amendments noted where
applicable.]
A.
All retail establishments shall make available to customers compliant
bags, as defined herein, for the purpose of carrying goods or other
materials away from the point of sale; and may charge a fee of $0.10
for such bags.
B.
Nothing in this chapter prohibits customers from using bags of any
type that they choose to bring to retail establishments themselves,
in lieu of using bags available for a fee from the retail establishment,
or from carrying away goods that are not placed in a bag.
C.
All retail establishments must provide customers with compliant bags,
upon request, if customers fail to bring their own bags, in accordance
with the fee structure set forth in this section.
D.
A retail establishment may choose, in its discretion, to provide
a credit to customers that choose to bring in their own bags.
E.
Each retail establishment shall be strongly encouraged to educate
its staff to promote the use of reusable bags and to post signs encouraging
customers to use reusable bags rather than recyclable paper carry-out
bags.
F.
A retail establishment is strongly encouraged to educate on plastic
bag and plastic bag and plastic film recycling and offer a take-back
program.
A.
The Health Officer or Inspector have authority to enforce this chapter,
including, but not limited to, investigating violations, inspecting
any retail establishment or retail food vendor's premises to
verify compliance, and issuing fines.
B.
Any retail establishment or retail food vendor that violates or fails
to comply with any of the requirements of this chapter after an initial
written warning notice has been issued for that violation shall be
liable for a subsequent infraction.
C.
If a retail establishment or retail food vendor has subsequent violations
of this chapter after the issuance of an initial written warning notice
of a violation, the following penalties will be imposed and shall
be payable by the operator of the retail establishment or retail food
vendor:
(1)
A fine not exceeding $100 for the first violation after the written
warning notice is given;
(2)
A fine not exceeding $200 for the second violation after the written
warning notice is given; or
(3)
A fine not exceeding $500 for the third and any subsequent violations
after the written warning notice is given.
D.
A fine shall be imposed for each day a violation occurs or continues.
A.
This chapter shall take effect December 31, 2020.
B.
The period from passage and publication to effective date shall be
known as the "ramp-up period." During the ramp-up period, City officials
shall prepare and provide informational materials to aid the public
and businesses in preparing to comply with this chapter.
A.
Nothing in this chapter is intended to create any requirement, power,
or duty that is in conflict with any federal or state law and shall
not be construed as such.
B.
All ordinances or parts thereof in conflict or inconsistent with
this chapter are repealed, but only to the extent of such conflict
or inconsistency.
C.
The provisions of this chapter are severable; if any section, subsection,
sentence, clause, or phrase thereof for any reason be held to be invalid
or unconstitutional by a court of competent jurisdiction, such decision
shall not affect the validity of the remaining sections, subsections,
sentences, clauses, and phrases of this chapter, but shall remain
in effect.
As used in this chapter, the following terms shall have the
meanings indicated:
Any person purchasing goods or services.
Any natural person, firm, corporation, partnership, trust,
joint stock company, association, or other organization or group,
however organized.
A very thin bag without handles used exclusively to carry
produce, meats, or other items to the point of sale inside a retail
establishment or, for reasons of public health and safety, to prevent
such items from coming into direct contact with other purchased items:
Produce bags are bags to:
Package bulk items, such as fruit, vegetables, nuts, grains,
candies, or small hardware items;
Contain or wrap frozen foods, meat, or fish, whether packaged
or not;
Contain or wrap flowers, potted plants, or other items where
dampness may be an issue; contain unwrapped prepared foods or bakery
goods; or
Pharmacy prescription bags.
Product bags are newspaper bags, door-hanger bags, laundry and/or
dry-cleaning bags, or bags sold in packages containing multiple bags
intended for use as food storage bags, garbage bags, yard waste bags,
or pet waste bags.
Any store or commercial establishment that sells perishable
or nonperishable goods, including, but not limited to, clothing, food,
and personal items, directly to the customer and is located and/or
doing business within the geographical limits of Trenton. Retail establishments
include: a business establishment that generates a sales or use tax;
a drug store, pharmacy, supermarket, grocery store, convenience food
store, food mall, or other commercial entity engaged in the retail
sale of a limited line of goods that include milk, bread, soda, and
snack foods; a public eating establishment (i.e., a restaurant, take-out
food establishment, or any other business that prepares and sells
prepared food to be eaten on or off its premises); and a business
establishment that sells clothing, a hardware store, or any other
nonperishable goods. "Retail establishment" does not include nonprofit
charitable reusers as defined in Section 501(c)(3) of the Internal
Revenue Code, or a distinct operating unit or division of the charitable
organization that reuses and recycles donated goods or materials and
receives more than 50% of its revenues from the handling and sale
of those donated goods or materials.
Any sewn bag made of cloth or other washable fabric with
stitched handles that are specifically designed and manufactured for
multiple reuse and meets all of the following additional requirements:
It is machine-washable or is made from a material that can be
cleaned or disinfected;
It does not contain lead, cadmium, or any other heavy metal
in toxic amounts, as defined by applicable state and federal standards
and regulations; and
It is affixed with a statement that the bag is a reusable bag,
as well as recycling instructions if the bag is recyclable.
Any bag made predominantly of plastic derived from either
petroleum or a biologically based source, such as corn or plant sources,
that is provided by an operator of a retail establishment or retail
food vendor to a customer at the point of sale. The term includes
compostable and biodegradable bags but specifically exempts the following
from the category of single-use plastic carry-out bags: reusable bags,
produce bags, and product bags.
