The purpose of this chapter is to reduce bag waste to protect the environment in the Town of Hamden for the benefit and welfare of its residents by encouraging the use of reusable checkout bags and by prohibiting the provision of all plastic checkout bags at the time of checkout.
(Ord. 708, passed 2-19-19)
For purposes of this chapter, the following terms, phases and words shall have the meanings given here, unless clearly indicated by the context.
“BUSINESS ESTABLISHMENT.” Any person, business or non-profit entity that sells or provides merchandise, goods or materials including, without limitation, clothing, food or personal items of any kind, directly to a consumer, and includes, by way of example and not limitation, any grocery store, grocery delivery service, department store, hardware store, pharmacy, liquor store, restaurant, catering truck, convenience store, hospital, library, school, including temporary vendors at farmers markets, street fairs and school or town sponsored events and facilities.
“CHECKOUT BAG.” A carryout bag that is provided to a customer at the point of sale. “CHECKOUT BAG” excludes a Product Bag.
“RECYCLED PAPER CHECKOUT BAG.” A bag that contains no old growth fiber and a minimum of 40% post-consumer recycled content, is 100% recyclable, and has printed in a highly visible manner on the bag the word “Reusable” and “Recyclable,” the name and location of the manufacturer and the percentage of post-consumer recycled content.
“PRODUCT BAG.” A single use plastic bag made of any plastic type material or paper non-checkout bag to include but not be limited to bags that are used by consumers inside stores to: package wet or bulk items such as fruit, vegetable, mushrooms, nuts, grains, candy; contain or wrap foods, meat, or fish whether packaged or not, all of which typically lack handles; contain or wrap flowers, potted plants or other items where dampness may be a problem; contain unwrapped prepared foods, bakery goods; contain dry cleaning and clothes cleaner bags; contain pharmacy prescriptions; or safeguard public health during the transportation of hospital waste.
“REUSABLE CHECKOUT BAG.” A bag that is designed and manufactured for multiple reuses and is made of cloth or other fabric. A “REUSABLE CHECKOUT BAG” may be recyclable or compostable and is specifically designed and manufactured for multiple reuses.
“PLASTIC CHECKOUT BAG.” A bag of any thickness or size that is made of plastic derived from fossil fuels or from a genetically modified organism bio-based source (such as corn or other plant sources), which is provided at checkout to transport items purchased from or provided by a business establishment. A “PLASTIC CHECKOUT BAG” excludes a Product Bag.
(Ord. 708, passed 2-19-19)
(A) Distribution of plastic checkout bags. No business establishment in the town shall provide as a courtesy or sell a plastic checkout bag to any patron or customer.
(B) Distribution of paper checkout bags. No business establishment shall provide as a courtesy or sell paper checkout bags that do not meet or exceed the specifications of a recycled paper checkout bag as defined above.
(C) Acceptable checkout bags.
(1) A business establishment may provide as a courtesy to customers a recycled paper checkout bag.
(2) Nothing in this chapter shall prohibit a business establishment from encouraging and providing incentives for the use of reusable checkout bags. A business establishment may use credits or rebates for customers that bring their own checkout bags for the purpose of carrying away goods.
(Ord. 708, passed 2-19-19)
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