[Added 4-10-2018 ATM by Art. 45]
The purpose of this bylaw is to protect the Town's natural beauty
and irreplaceable natural resources by reducing the number of single-use
plastic check-out bags that are distributed and used in the Town of
Mansfield and to promote the use of reusable bags.
The following words shall, unless the context clearly requires
otherwise, have the following meanings:
A bag provided by a store to a customer at the point of sale.
Check-out bags shall not include bags, whether plastic or not, in
which loose produce or products are placed by the consumer to deliver
such items to the point of sale or check-out area of the store.
The Mansfield Health Department.
The Health Agent for the Mansfield Board of Health or their
designee.
A paper bag that is 100% recyclable and contains at least
40% post-consumer recycled content, and displays in a visible manner
on the outside of the bag the word "recyclable" or a symbol identifying
the bag as recyclable and a label identifying the bag as being made
from post-consumer recycled content and the percentage of post-consumer
recycled content in the bag.
Any business facility that sells goods directly to the consumer,
whether for or not for profit, including, but not limited to, retail
stores, restaurants, pharmacies, convenience and grocery stores, liquor
stores, seasonal and temporary businesses.
A sewn bag with stitched handles that is specifically designed
for multiple reuse and that:
Those bags typically with handles, constructed of high-density
polyethylene (HDPE), low-density polyethylene (LDPE), linear low-density
polyethylene (LLDPE), polyvinyl chloride (PVC), polyethylene terephthalate
(PET), or polypropylene (other than woven and nonwoven polypropylene
fabric), if said film is less than 4.0 mils in thickness.
A.Â
No retail establishment in the Town of Mansfield shall provide thin-film,
single-use plastic check-out bags to customers.
C.Â
Retail establishments with a floor area equal to or exceeding 3,500
square feet or with at least two locations under the same name within
the Town of Mansfield that total 3,500 square feet or more, that make
available thin-film, single-use plastic check-out bags, with or without
handles, that are exempted under this bylaw are required to provide
for in-store collection and proper recycling of returned thin-film,
single-use plastic check-out bags. Retail establishments with a floor
area less than 3,500 square feet that make available thin-film, single-use
plastic check-out bags, with or without handles, exempted under this
bylaw, are required to provide for in-store collection and are required
to properly recycle collected thin-film, single-use plastic check-out
bags if an in-Town dropoff location or other no-fee option is available.
In-store collection locations must be prominently displayed and easily
accessible.
Thin-film plastic bags typically without handles which are used
to contain newspapers, produce, meat, bulk foods, wet items, dry cleaning,
and other similar merchandise are not prohibited under this bylaw.
A.Â
The Board of Health and its Health Agent shall have the authority
to administer and enforce this bylaw.
B.Â
For the first violation, the enforcing authority, upon a determination
that a violation has occurred, shall issue a written warning notice
to the establishment specifying the violation.
D.Â
Fines shall be cumulative, and each day on which a violation occurs
shall constitute a separate offense.
This bylaw shall take effect six months following approval of
the bylaw by the Attorney General or on November 1, 2018, whichever
is later, for retail establishments with a floor area equal to or
exceeding 3,500 square feet or with at least two locations under the
same name within the Town of Mansfield that total 3,500 square feet
or more. This bylaw shall take effect one year after passage for retail
establishments less than 3,500 square feet. The Director may exempt
a retail establishment from the requirements of this section for a
period of up to six months upon a finding by the Director that:
The Board of Health may adopt and amend rules and regulations
to effectuate the purposes of this bylaw.
If any provision of this bylaw is declared invalid or unenforceable,
the other provisions shall not be affected thereby.
