[Adopted 4-16-2019 by Ord. No. 2019.29]
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.
(b)
A significant amount of plastic bags will still appear in Biddeford's
curbside recycling program as contamination despite the fact that
Title 38, Chapter 16, § 1605, requires all retailers that
use plastic bags to bag products at the point of retail sale to locate
within 20 feet of the main entrance a receptacle for collecting any
used plastic bags; and
(c)
It is important to keep the City of Biddeford as litter-free as possible
to enhance the quality of life for Biddeford's residents and visitors;
and
(d)
A substantial portion of Biddeford is adjacent to the Saco River
and Biddeford is a coastal community with a vested interest in protecting
the ocean environment from plastic debris; and this article is authorized
under the City's home rule authority pursuant to 30-A M.R.S.A. § 3001
et seq.
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:
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.
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.
A bag that meets all of the following criteria:
Designed and manufactured to withstand repeated uses over a
period of time;
Is machine washable or made from a material that can be cleaned
and disinfected regularly;
Has a minimum rated lifetime of 75 uses;
Has the capability of carrying a minimum of 18 pounds; and
If plastic, is at least 4.0 mil thick.
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.
(a)
A store may, at its discretion, make available a reusable bag or
a paper bag either for free or for a fee at the checkout stand, cash
register, point of sale or other point of departure for the purpose
of transporting goods and merchandise out of the store.
(b)
All monies collected by a store through the sale of reusable bags
or paper bags under this section may be used by the store for any
lawful purpose.
(c)
All stores must post signage clearly indicating the per bag charge
for paper bags if a fee is to be charged.
(d)
Notwithstanding this section, no store may make available for sale
a paper bag unless the amount of the sale of the paper bag is separately
itemized on the sales receipt if a fee is charged.
(e)
Nothing in this section shall be construed to prohibit customers
from using bags of any type that the customer brings to the store
for their own use or for carrying away from the store food, goods
or merchandise that is not placed in a bag provided by the store.
(a)
A store shall be exempt from the provisions of this article, in a
situation deemed by the City Manager to be an emergency for the immediate
preservation of the public health or safety in consultation with the
Emergency Management Director for the City.
(b)
A store is allowed to draw down and deplete existing inventory of
single-use plastic bags by September 30, 2019.
(a)
The Code Enforcement Officer or his/her designee(s) shall have the
primary responsibility for enforcement of this article. If the Code
Enforcement Officer or his/her designee(s) determines that a violation
of this article has occurred, he/she shall issue a written warning
notice to the store that a violation has occurred. Subsequent violations
of the article shall be subject to the penalties set forth below.
(b)
Violations of this article shall be punishable by fines as follows:
