[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:
Any establishment which serves made-to-order food or beverages
for dine-in, takeout; or delivery, including food trucks and mobile
carts.
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.
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.
The individual charged with the enforcement of this section.
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.
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 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:
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."
A retail establishment or store may rely on a manufacturer's,
vendor's, or distributor's representations regarding bag
characteristics.
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."
Bags provided by operators and used by consumers inside retail
establishments or stores 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 unwrapped prepared foods or bakery goods; or
Contain prescription drugs.
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.
A.
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.
B.
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.
A.
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.
B.
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.
A.
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.
B.
All monies collected by retail establishments or stores under this
chapter shall be retained by the store.
A.
A retail establishment or store may choose, in its discretion, to
provide a credit to customers that choose to bring their own bags.
B.
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.
C.
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.
D.
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.
A.
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.
(1)
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.
(2)
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.
(3)
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)
A fine not exceeding $50 for the first violation after the written
warning notice is given;
(b)
A fine not exceeding $100 for the second violation after the
written warning notice is given; or
(c)
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.
