[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:
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.
Any person purchasing or carrying goods from a retail establishment.
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.
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.
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.
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.
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.
The term "single-use plastic checkout bag" shall not include:
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;
Laundry or dry-cleaner bags;
Newspaper bags;
Bags used to contain or wrap frozen foods, meat or fish, whether
prepackaged or not, to prevent or contain moisture;
Reusable bags; or
Recyclable paper 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.
