[HISTORY: Adopted by the Town Board of the Town of Mamaroneck 9-4-2019 by L.L. No. 9-2019. Amendments noted where applicable.]
Editor's Note: This local law was originally adopted as Ch. 170 but was renumbered to maintain the organization of the Code.
This chapter shall be known as the "Bag Waste Reduction Law of the Town of Mamaroneck."
The State of New York amended Article 27 of the Environmental Conservation Law by adding a new Title 28 (Bag Waste Reduction) which will become effective on March 1, 2020. The purpose of this chapter is to incorporate the new state law into the laws of the Town of Mamaroneck.
The Town Board determines that a shift to reusable bags in most retail transactions will benefit the overall health, safety and welfare of the Town and the environment. The Town Board also finds that a fee for using nonreusable bags is essential if there is to be a transition to reusable bags because such a fee will encourage consumers to use reusable bags rather than bags for which a fee is charged. Furthermore, the Town Board agrees with the Supreme Court of the State of Colorado which in Colo. Union of Taxpayers Found. v City of Aspen, 418 P.3d 506 (Colo. 2018) held that the imposition of a fee for using single-use bags is not a tax; but a fee designed to promote health, safety and welfare.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section:
- A. A bag used solely to contain or wrap uncooked meat, fish or poultry;
- B. A bag used by a customer solely to package bulk items such as fruits, vegetables, grains or candy;
- C. A bag used solely to contain food sliced or prepared to order;
- D. A bag used solely to contain a newspaper for delivery to a subscriber;
- E. Bags sold in bulk to a consumer at the point of sale;
- F. Trash bags;
- G. Food storage bags;
- H. Garment bags;
- I. Bags prepackaged for sale to a customer;
- J. Plastic carryout bags provided by a restaurant, tavern or similar food service establishment, as defined in the state sanitary code, to carry out or deliver food; or
- K. Bags provided by a pharmacy to carry prescription drugs.
- PAPER CARRYOUT BAG
- A paper bag, other than an exempt bag, that is provided to a customer by a person required to collect tax to be used by the customer to carry tangible personal property, regardless of whether such person required to collect tax sells any tangible personal property or service to the customer, and regardless of whether any tangible personal property or service sold is exempt from tax under Article 28 of the Tax Law.
- PERSON REQUIRED TO COLLECT TAX
- Any vendor of tangible personal property subject to the tax imposed by Subdivision (a) of § 1105 of the Tax Law.
- PLASTIC CARRYOUT BAG
- Any plastic bag, other than an exempt bag, that is provided to a customer by a person required to collect tax to be used by the customer to carry tangible personal property, regardless of whether such person required to collect tax sells any tangible personal property or service to the customer, and regardless of whether any tangible personal property or service sold is exempt from tax under Article 28 of the Tax Law.
Commencing on December 1, 2019, no person required to collect tax shall distribute any plastic carryout bags to its customers unless such bags are exempt bags as defined in § 60-3 of the Mamaroneck Town Code.
Commencing on December 1, 2019, no person required to collect tax shall prevent any person from using a bag of any kind that they have brought for purposes of carrying goods.
Commencing on December 1, 2019, a person required to collect tax may provide a customer with a paper carryout bag only if it collects from the customer a paper carryout bag reduction fee of $0.05 for each paper carryout bag it provides to the customer. The paper carryout reduction fee and the number of paper carryout bags provided must be separately stated on the sales slip, invoice, receipt, or other statement of the price rendered to the customer. The persons collecting paper carryout bag reduction fees shall be allowed to retain the sums collected.
The paper carryout bag reduction fee shall not be collected from any customer using the supplemental nutritional assistance program, special supplemental nutrition program for women, infants and children, or any successor programs used as full or partial payment for the items purchased.
If the County of Westchester imposes a paper carryout bag reduction fee through the adoption of a local law, ordinance or resolution, the paper carryout reduction fee imposed by this chapter shall remain in full force and effect until the day before the first anniversary of the effective date of County of Westchester's local law, ordinance or resolution imposing a paper carryout bag reduction fee.
A person required to collect tax who violates any provision of this chapter shall receive a warning notice for the first such violation but shall be liable to the Town of Mamaroneck for a civil penalty of $250 for the first violation after receiving a warning and a civil penalty of $500 for any subsequent violation. A person required to collect tax may request a hearing before the Town Board to contest the imposition of a civil penalty pursuant to § 60-7 of the Mamaroneck Town Code.