[Adopted 5-7-2019 by Ord. No. 2946-19[1]
[Amended 3-17-2020 by Ord. No. 2991-20
The following definitions apply to this chapter:
Any person purchasing goods or services from a retail establishment.
The person designated as the Director of the Department of
Community Development by the Township of Maplewood.
The person in control of, or having the responsibility for,
the operation of a retail establishment, which may include, but is
not limited to, the owner of the retail establishment.
Any natural person, firm, corporation, partnership, or other
organization or group, however organized.
Any store or commercial establishment that sells perishable
or nonperishable goods including, but not limited to, clothing, food,
and personal items directly to the customer and is located within
or doing business within the geographical limits of the Township of
Maplewood. Retail establishments include: a business establishment
that generates a sales or use tax; a drugstore, pharmacy, supermarket,
grocery store, convenience food store, food mart, or other commercial
entity engaged in the retail sale of a limited line of goods that
includes milk, bread, soda, and snack foods; a public eating establishment
(i.e., a restaurant, take-out food establishment, or any other business
that prepares and sells prepared food to be eaten on or off its premises);
and a business establishment that sells clothing, a hardware store,
or any other nonperishable goods.
Any bag made of cloth or nonplastic material with handles
that is specifically designed and manufactured for multiple reuse.
Any bag made predominately of plastic derived from either
petroleum or a biologically based source such as corn or other plant
sources, that is provided by an operator of a retail establishment
to a customer at the point of sale. This definition specifically exempts
the following from the category of "single-use plastic carry-out bag":
Bags provided by operators and used by consumers inside retail
establishments to:
Package bulk items, such as fruit, vegetables, nuts, grains,
candies, or small hardware items;
Contain or wrap frozen foods, meat, or fish, whether packaged
or not;
Contain or wrap flowers, potted plants, or other items where
dampness may be an issue;
Contain live animals, such as fish or insects sold in pet stores;
Contain unwrapped prepared foods or bakery goods; or
Contain pharmacy prescriptions or medicines; or
Function as "produce bags" or "product bags," which shall mean
bags used exclusively to carry produce, meats, or other food items
to the point of sale inside a retail establishment or, for reasons
of public health and safety, to prevent such food items from coming
into direct contact with other purchased items.
Newspaper bags for home delivery, door-hanger bags, laundry
and/or dry-cleaning bags, or hags sold in packages containing multiple
bags intended for use as food storage bags, garbage bags, yard waste
bags, or pet waste bags.
[Amended 3-17-2020 by Ord. No. 2991-20
A.
No retail establishment shall provide to any customer, or to any
person, a single-use plastic carry-out bag, as defined above. This
prohibition applies to bags provided for the purpose of carrying goods
away from the point of sale and does not apply to product bags or
to produce bags used to carry product or produce within the retail
establishment to the point of sale. The prohibition applies to single-use
plastic carry-out bags used for takeout deliveries from retail establishments
within the Township of Maplewood. The point of sale in such transactions
is deemed to be at the retail establishment, regardless of where payment
for the transaction physically occurs.
B.
Single-use plastic carry-out bags may not be distributed on Township
property or at Township-sponsored events.
[Amended 3-17-2020 by Ord. No. 2991-20
A.
All retail establishments shall make available to customers, upon
request by the customer, for a fee of $0.05, paper bags for the purpose
of carrying goods or other materials away from the point of sale,
subject to the provisions of this chapter. The fee charged shall be
reflected in the sales receipt and shall be subject to applicable
tax. The fee charged shall be retained by the retail establishment.
B.
The following bags shall be exempt from the five-cent-fee and are
provided by operators inside retail establishments to:
(1)
Package bulk items, such as fruit, vegetables, nuts, grains, candies,
or small hardware items;
(2)
Contain unwrapped prepared foods or bakery goods;
(3)
Take home uneaten food that has been served in a restaurant;
(4)
Take out foods intended for consumption away from the retail establishment
for reasons of public health and safety during the transportation
of such food products;
(5)
Contain pharmacy prescriptions and medicines; or
(6)
Function as "produce bags" or "product bags," which shall mean bags
used exclusively to carry produce, meats, or other food items to the
point of sale inside a retail establishment or, for reasons of public
health and safety, to prevent such food items from coming into direct
contact with other purchased items.
Nothing in this chapter shall prevent any retailer upon prior
written notice to the Director of the Department of Community Development
and approval by the Maplewood Township Committee, from providing compostable
plastic bags, free of charge, for the purpose of carrying goods or
other materials away from the point of sale, providing the following:
A.
Compostable plastic bags shall meet current American Society for
Testing & Materials (ASTM) D6400 Standard Specifications for compostability
and be labeled: (1) with the Biodegradable Product Institute ("BPI")
logo as meeting the ASTM standard for compostability; and (2) with
the word "compostable" on the bag in lettering that is readily and
easily identifiable.
B.
A retail establishment providing compostable bags shall operate an
at-store recycling program so that customers may return the compostable
bags. Such program shall, at a minimum, include at least one accessible
and highly visible compostable bag collection box and signs at each
register informing customers that compostable bags should be returned
to the store and not placed in household recycling or compost piles.
C.
A retail establishment providing compostable bags shall provide the
Director of the Department of Community Development with a signed
agreement with an authorized compostable recycling facility to accept
the compostable bags collected at the retail establishment.
D.
A retail establishment providing compostable bags must also have
reusable bags available to their customers for purchase or for free.
E.
A retail establishment providing compostable bags must certify annually
to the Township of Maplewood that it has complied with the provisions
of this chapter.
[Amended 3-17-2020 by Ord. No. 2991-20
A.
Each retail establishment shall be strongly encouraged to educate
its staff to promote the use of reusable bags and to post signs encouraging
customers to use reusable bags rather than paper carry-out bags.
B.
Each retail establishment shall be strongly encouraged to educate
its staff to make inquiry to a customer whether the customer desires
a paper carry-out bag or has supplied his/her own reusable bags before
offering the paper carry-out bags to the customer.
C.
Each retail establishment shall inform customers that if they choose
a paper carry-out bag they will be charged a fee of $0.05 per paper
bag.
D.
Nothing in this article prohibits customers from using bags of any
type that they choose to bring to retail establishments themselves,
in lieu of using bags available for a fee from the retail establishment,
or from carrying away goods that are not placed in a bag.
E.
Nothing in this article shall prohibit a retail establishment from
providing a credit to a customer who has supplied his/her own bags.
F.
Nothing in this article shall prohibit a retail establishment from
offering for sale reusable bags, for a fee of $0.05 or greater.
[Amended 3-17-2020 by Ord. No. 2991-20
A.
Any customer who states that she or he participates in, or is a beneficiary
of, any United States government federal welfare program, including
but not limited to the Special Supplemental Nutrition Program for
Women, Infants and Children (WIC) or any local or county welfare assistance
program, or any New Jersey State welfare program, including but not
limited to the New Jersey Supplemental Nutritional Assistance Program
(SNAP) or the New Jersey State Supplemental Security Income Program
(SSI) shall be provided paper bags without charge. No further identification
is necessary.
B.
Any customer who states that she or he is aged 65 and over shall
be provided paper bags without charge. No further identification is
necessary.
C.
Any person who receives food, household items and/or personal care
items from a food pantry or food distribution program shall be provided
paper bags without charge.
[Amended 3-17-2020 by Ord. No. 2991-20
A.
The Director of the Department of Community Development, or his/her
designee, has the responsibility for enforcement of this article and
may promulgate reasonable rules and regulations in order to enforce
the provisions thereof, including, but not limited to, investigating
violations and issuing fines.
B.
Any retail establishment that violates or fails to comply with any
of the requirements of this article after an initial written warning
notice has been issued for that violation shall be liable for an infraction.
C.
If a retail establishment has subsequent violations of this article
after the issuance of an initial written warning notice of a violation,
the following penalties will be imposed and payable by the operator
of the retail establishment:
D.
Fines shall be imposed for each day a violation occurs or is allowed
to continue. A retail establishment shall not be subject to more than
one fine for violations or continuing violations that occur on the
same day.
E.
Appeal of a written warning notice or fine shall be conducted pursuant
to standard municipal regulations and procedures concerning appeals
already adopted by the Township of Maplewood.
Nothing in this chapter is intended to create any requirement,
power or duty that is in conflict with any federal or state law.
