[HISTORY: Adopted by the Borough Council of the Borough of Glen Rock 4-10-2019 by Ord. No. 1799. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- FOOD SERVICE ESTABLISHMENT
- Any establishment which serves made-to-order food or beverages for dine-in, takeout; or delivery, including food trucks and mobile carts.
- GOODS AND PRODUCTS
- Things and items that are prepared and made to be sold, including, but not limited to, clothing, groceries, prepared food, foodstuffs, meat, dairy, beverages, merchandise, books, jewelry, alcohol, tobacco products, toys, and any and all other things and items sold at retail by businesses and stores.
- PRODUCE BAG OR PRODUCT BAG
- Any bag without handles that is used exclusively to segregate produce, meats, other food items, and merchandise to carry them inside the store to the point of sale or to prevent such items from coming into direct contact with other purchased items, where such contact could damage or contaminate other food or merchandise when placed together in a reusable or recycled bag.
- PROPERTY MAINTENANCE OFFICER
- The individual charged with the enforcement of this section.
- RECYCLABLE PAPER CARRY-OUT BAG
- A recyclable paper carry-out bag is a paper bag that is 100% recyclable overall, contains a minimum of 40% post-consumer recycled material, displays the words "recyclable" and "made from at least 40% postconsumer recycled content" in a highly visible manner on the outside of the bag, and is compostable.
- The sale of goods and products for use and/or consumption.
- RETAIL ESTABLISHMENT OR RETAIL STORE
- For the purpose of this section, retail establishment shall mean any commercial establishment, whether or not operated for profit, including, but not limited to, mercantile establishment or store that engages in the sale of goods and products. The definition includes, but is not limited to, pharmacies, supermarkets, grocery stores, convenience stores, clothing stores, dry cleaners, food marts, food service establishments seasonal and temporary businesses, home based businesses, indoor or outdoor markets, and street fairs, which utilize plastic carry-out bags for the conveyance of merchandise.
- A. A bag that is designed and manufactured to withstand repeated uses, is machine washable or made from a material that can be cleaned and disinfected regularly and meets the following criteria:
- B. If the bag is made from plastic, is at least 2.25 mil thick, has handles, contains a minimum of 20% post-consumer recycled content, and clearly indicates on the outside that it is "reusable" or "reusable and recyclable."
- C. A retail establishment or store may rely on a manufacturer's, vendor's, or distributor's representations regarding bag characteristics.
- SINGLE-USE PLASTIC CARRY-OUT BAG
- The term "single-use plastic carry-out bag" means any bag made predominantly 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 or store to a customer at the point of sale. The term also includes bags that are compostable or biodegradable, but does not include reusable bags, produce bags or product bags (as defined above). This definition specifically exempts the following from the category of "single-use plastic carry-out bag."
- A. Bags provided by operators and used by consumers inside retail establishments or stores to:
- (1) Package bulk items, such as fruit, vegetables, nuts, grains, candies, or small hardware items;
- (2) Contain or wrap frozen foods, meat, or fish, whether packaged or not;
- (3) Contain or wrap flowers, potted plants, or other items where dampness may be an issue;
- (4) Contain unwrapped prepared foods or bakery goods; or
- (5) Contain prescription drugs.
- B. Newspaper bags, door-hanger bags, laundry and/or dry-cleaning bags, or bags sold in packages containing multiple bags intended for use as food storage bags, garbage bags, yard waste bags, or pet waste bags.
No retail establishment or store shall provide to any customer a single-use plastic carry-out bag provided for the purpose of transporting products or goods out of the business or store at the check stand, cash register, point of sale, or other point of departure, except as otherwise provided in this chapter.
These prohibitions apply to single-use plastic carry-out bags used for take-out and/or deliveries from retail establishments or stores within the Borough of Glen Rock. The point of sale in such transactions is deemed to be at the retail establishment or store, regardless of where payment for the transaction physically occurs.
All retail establishments or stores, may make available to customers, for a fee, reusable bags and recyclable paper carry-out 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.
Nothing in this chapter prohibits customers from using bags of any type that they choose to bring to retail establishments or stores themselves, in lieu of using bags available for a fee from the retail establishment or store, or from carrying away purchased goods that are not placed in a bag.
All retail establishments or stores may make reusable bags and/or recyclable paper carry-out bags available to customers upon request for a fee of at least $0.10 per bag if customers choose not to bring their own reusable bags. Any fee shall be separately stated on the receipt provided to the customer at the time of sale and shall be identified as the "checkout bag charge" or use similar identifying language. Small recyclable paper bags without handles and measuring eight inches by 16 inches or less are exempt from any fee.
All monies collected by retail establishments or stores under this chapter shall be retained by the store.
A retail establishment or store may choose, in its discretion, to provide a credit to customers that choose to bring their own bags.
Each retail establishment or store is strongly encouraged to educate its staff to promote the use of reusable bags, and to post signs encouraging customers to bring their own reusable bags.
If a retail establishment or store makes available reusable plastic bags made of plastic film, the retail establishment or store is strongly encouraged to educate customers about plastic film recycling.
Each retail establishment or store that provides takeout or delivery services is encouraged to provide customers with a choice to avoid use of reusable bags made of plastic.
All retail establishments or stores must provide at the point of sale, free of charge, compliant bags of the retail establishment or store operator's choice, to any customer who participates in or is the beneficiary of any United States government federal welfare program, or any local or Bergen 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).
The Mayor and Council, or their designee may approve a written request for a temporary exemption from the requirements of this chapter by any operator of a retail establishment or store, with or without conditions, due to demonstrated hardship in implementing this ordinance in the time set forth.
Each retail establishment or store violating any of the provisions of this section shall, upon conviction thereof, be liable for a penalty as provided by law.
The Property Maintenance Official or his/her designee has the responsibility for enforcement of this chapter and may promulgate reasonable rules and regulations in order to enforce the provisions thereof, including, but not limited to, investigating violations and issuing fines.
Any retail establishment or store that violates or fails to comply with any of the requirements of this chapter after an initial written warning notice has been issued for that violation shall be liable for an infraction.
If a retail establishment or store has subsequent violations of this chapter after the issuance of an initial written warning notice of a violation, the following penalties will be imposed and shall be payable by the operator of the retail establishment or store:
A fine not exceeding $50 for the first violation after the written warning notice is given;
A fine not exceeding $100 for the second violation after the written warning notice is given; or
A fine not exceeding $200 for the third and any subsequent violations after the written warning notice is given.
Nothing in this chapter is intended to create any requirement, power or duty that is in conflict with any federal or state law.
All ordinances or parts thereof in conflict or inconsistent with this chapter are hereby repealed to the extent of such conflict or inconsistency.
The provisions of this chapter are declared to be severable and if any section, subsection, sentence, clause or phrase thereof for any reason be held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining sections, subsections, sentences, clauses and phrases of this chapter, but shall remaining in effect; it being the legislative intent that this chapter shall stand notwithstanding the invalidity of any part.
This chapter shall take effect January 1, 2020 after passage and publication as provided by law.