City of Beverly, MA
Essex County
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Table of Contents
Table of Contents
[Adopted 6-18-2018 by Ord. No. 117B[1]]
[1]
Editor's Note: This ordinance provided an effective date of 1-1-2019.
As used in this article, the following terms shall have the meanings indicated:
BIODEGRADABLE PLASTIC BAG
A bag that is capable of undergoing biological decomposition in a compost site such that the material breaks down into carbon dioxide, water, inorganic compounds and biomass at a rate consistent with known compostable materials; for the purposes of this article, "biodegradable bags" does not include paper bags.
CUSTOMER
Any person purchasing or carrying goods from a retail establishment.
DEGRADABLE PLASTIC BAG
Plastic bags that are made from polymers that are capable of being broken down quite readily by hydrolysis, the process by which chemical bonds are broken by the addition of water.
RECYCLABLE PAPER BAG
A paper bag that is one-hundred-percent recyclable and contains at least 40% post-consumer recycled content, and displays the words "Recyclable" and "made from 40% post-consumer recyclable content" in a visible manner on the outside of the bag.
RETAIL ESTABLISHMENT
Any business or commercial enterprise or facility, whether for profit or not, that sells goods and/or services directly to the customer, including but not limited to grocery stores, pharmacies, liquor stores, convenience stores, restaurants, retail stores, pop-up retail stores, and vendors selling clothing, food, and personal items, and dry-cleaning services.
REUSABLE BAG
A bag that is specifically designed and manufactured for multiple reuse and is either polyester, polypropylene, cotton or other durable material, or durable plastic that is greater than 4.0 mils in thickness.
SINGLE-USE PLASTIC CHECKOUT BAG
A carryout bag or checkout bag made predominantly of plastic derived from either petroleum, natural gas, or a biologically based source, such as corn or other plant sources, which is provided to a customer at the point of sale and which is 4.0 mils (0.1016 mm) in thickness or less.
A. 
The term "single-use plastic checkout bag" shall not include:
(1) 
Bags, whether plastic or not, in which loose produce or products are placed by a consumer to deliver such items to the point of sale or checkout area of a retail establishment;
(2) 
Laundry or dry-cleaner bags;
(3) 
Newspaper bags;
(4) 
Bags used to contain or wrap frozen foods, meat or fish, whether prepackaged or not, to prevent or contain moisture;
(5) 
Reusable bags; or
(6) 
Recyclable paper bags.
B. 
The term "single-use plastic checkout bag" shall include:
(1) 
Degradable plastic bags; and
(2) 
Biodegradable plastic bags that are not commercially compostable as well as commercially compostable plastic bags.
A. 
No retail establishment in the City of Beverly shall provide single-use plastic checkout bags to any customer for the purpose of enabling the customer to carry away goods from the point of sale.
B. 
If a retail establishment provides or offers any checkout bags to customers, such bags shall be either a recyclable paper bag or a reusable bag.
A. 
This article shall be enforced by the Public Health Director or his/her designee. Any retail establishment that violates any provision of this article shall be subject to the following penalty:
(1) 
Upon the first documented violation of this article, the enforcement agent shall provide the violator with a written warning of such violation. The violator will then be entitled to a one-time thirty-day grace period after receipt of such notice to cure such violation.
(2) 
After the expiration of the one-time thirty-day grace period, the enforcement officer is authorized to levy a fine of $50 for each and every consecutive or nonconsecutive day that the retail establishment is found to distribute single-use plastic checkout bags, each day constituting a separate subsequent violation.
B. 
Whoever violates any provision of this article may be penalized by a noncriminal disposition as provided in MGL c. 40, § 21D.