This article shall become effective (three months after adoption or by a date certain to be specified, provided that the City gives notice of commencement in the manner required for publication of ordinances.
It is in the best interest of the citizens and visitors of Biddeford to protect the environment and natural resources of Maine by prohibiting single-use carryout plastic bags and encouraging the use of reusable shopping bags in stores, as defined below.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
SINGLE-USE CARRYOUT PLASTIC BAG A bag other than a reusable bag, as defined below, provided that at the checkout stand, cash register, point of sale or other point of departure for the purpose of transporting food or merchandise out of the store. The term "single-use carryout bag" includes compostable and biodegradable bags, but does not include reusable bags, produce bags, product bags required for special handling, single-use paper bags, or paper bags provided by pharmacists to contain prescription drugs.
PRODUCE BAG or PRODUCT BAG Any bag used exclusively to carry produce, meats, seafood, other food items or bulk items within the store to the point of sale inside such store or to prevent such items from coming into direct contact with other purchased items.
REUSABLE BAG A bag that meets all of the following criteria:
(a)Â Designed and manufactured to withstand repeated uses over a period of time;
(b)Â Is machine washable or made from a material that can be cleaned and disinfected regularly;
(c)Â Has a minimum rated lifetime of 75 uses;
(d)Â Has the capability of carrying a minimum of 18 pounds; and
(e)Â If plastic, is at least 4.0 mil thick.
STORE Any commercial enterprise engaged in the sale of food and/or merchandise, including, but not limited to, grocery and convenience stores, markets, pharmacies, restaurants, take-out food, temporary and seasonal businesses, and other merchant retailers.
Except as provided in Sections
58-111 and
58-112, no store, as defined above, shall provide or sell a single-use carryout
bag to a customer at the checkout stand, cash register, point of sale or other point of departure for the purpose of transporting food, goods or merchandise out of the establishment.