[Adopted 12-27-2021 by Ord. No. 35369]
For the purposes of this article, the following definitions shall apply:
BIODEGRADABLE
A bag that is capable of undergoing biological decomposition in a compost site such that the material breaks down into carbon dioxide, water, inorganic compounds and biomass at a rate consistent with known compostable materials; for the purpose of this article, "biodegradable bags" does not include paper bags.
CHECKOUT BAG
A bag provided by a store to a customer at the point of sale. Checkout bags shall not include bags, whether plastic or not, in which loose produce or products are placed by the consumer to deliver such items to the point of sale or check out area of the store.
DEPARTMENT
The Waltham Health Department.
DIRECTOR
The Director Public Health or their designee.
FLOOR AREA
Gross floor area as defined by the City of Waltham Zoning Ordinance.
RECYCLABLE PAPER BAG
A paper bag that is 100% recyclable and contains at least 40% postconsumer recycled content, and displays in a visible manner on the outside of the bag 1) the word "recyclable" or a symbol identifying the bag as recyclable and 2) a label identifying the bag as being made from postconsumer recycled content and the percentage of post-consumer recycled content in the bag.
RETAIL ESTABLISHMENT
Any business facility that sells goods directly to the consumer whether for or not for profit, including, but not limited to, retail stores, restaurants, pharmacies, convenience and grocery stores, liquor stores, seasonal and temporary businesses.
REUSABLE CHECKOUT BAG
A sewn bag with stitched handles that is specifically designed for multiple reuse and that 1) can carry 25 pounds over a distance of 300 feet; 2) is machine washable; and 3) is either a) made of natural fibers (such as cotton or linen); or b) made of durable, nontoxic plastic other than polyethylene or polyvinyl chloride that is generally considered a food-grade material that is more than four mils thick.
SINGLE-USE PLASTIC CHECKOUT BAG
Those bags typically with handles, constructed of high-density polyethylene (HDPE), low-density polyethylene (LDPE), linear low-density polyethylene (LLDPE), polyvinyl chloride (PVC), polyethylene terephthalate (PET), or polypropylene (other than woven and non-woven polypropylene fabric), if said film is less than 4.0 mils in thickness.
SMALL BUSINESS
Any retail establishment which is not publicly owned and which has a floor area of less than 2,500 square feet, provided that any retail business with two or more locations under the same name within the City of Waltham where the combined square footage is 2,500 square feet or more shall not be considered a small business.
Retail establishments shall be subject to the following restrictions:
(a) 
Except as otherwise provided herein, single-use plastic checkout bags shall not be distributed, used or sold for checkout or other purposes by any retail establishment within the City of Waltham.
(b) 
If a retail establishment provides checkout bags to customers, these bags must either be recyclable paper bags, biodegradable bags or reusable bags.
(c) 
A retail establishment that provides any type of checkout bag shall sell them for no less than $0.10 per bag. All moneys collected pursuant to this article shall be retained by the retail establishment.
(d) 
Any charge for a checkout bag shall be separately stated on a receipt provided to the customer at the time of sale and shall be identified as the "checkout bag charge" thereon.
The following shall be exempt from the provisions of this article:
(a) 
Bags used by customers to package bulk items such as fruit, vegetables, nuts, grains, candy or small hardware items; to contain or wrap frozen foods, meat, or fish; or to contain or wrap flowers, potted plants, or other items where dampness may be a problem.
(b) 
Laundry or dry-cleaning bags or hanging bags meant for suits, dresses, or other apparel.
(c) 
Newspaper bags.
(d) 
Bags sold in packages containing multiple bags intended to be used for home food storage, or garbage, waste, or yard waste disposal.
(e) 
Bags sold in packages containing multiple bags intended to be used for pet waste, and bags that are provided by restaurants for takeout orders or unfished food unless that are 100% biodegradable.
This article shall take effect 180 days from the date of adoption. Small businesses, as defined in Section 8-172 shall have an additional 90 days from the effective date to comply with the requirements of this article.
The Director shall send a written notice detailing the requirements imposed by this article to all retail establishments operating within the City of Waltham at least 90 days prior to the effective date of this article.
It is the intention of the City Council that each separate provision of this article shall be deemed independent of all other provisions herein, and it is further the intention of the City Council that if any provision of this article be declared to be invalid by a court of competent jurisdiction, the remaining provisions of this article shall remain valid and enforceable.