(A) Definitions. Unless otherwise expressly stated, whenever used in this section the following terms shall have the meanings set forth below.
AFFORDABLE. A compostable or recyclable product may cost up to l5% more than the purchase cost of the non-compostable or nonrecyclable alternative(s) and not be regarded, on balance, as exorbitant, overpriced, unreasonable or invaluable.
ASTM STANDARD. Meeting the standards of the American Society for Testing and Materials (AS1M) International Standards D6400 or D6868 for compostable plastics, as those standards may be amended.
BUSINESS ESTABLISHMENT. Any commercial enterprise that provides carryout bags to its customers through its employees or independent contractors associated with the business. The term includes sole proprietorships, joint ventures, partnerships, corporations, or any other legal entity whether for profit or not for profit. This term is inclusive of any store or business, which sells or offers goods or merchandise, located or operating within the town, including those referenced in the definitions of “food or grocery establishment” and “food provider.”
COMPOSTABLE. All the materials in the product or package, when composted in an industrial or municipal compost operation, will break down, or otherwise become part of, usable compost (e.g. soil-conditioning material, mulch) in a safe and timely manner. Compostable food service ware must meet ASTM-Standards for compostability and any bio-plastic or plastic-like product must be clearly labeled, preferably with a color symbol, to allow proper identification such that the collector and processor can easily distinguish the ASTM standard compostable plastic from non-ASTM standard compostable plastic. Compostable products are considered COMPOSTABLE under this section only if a business establishment or food or grocery establishment using the products is composting them with an industrial or municipal compost operation.
DISPOSABLE FOOD SERVICE WARE. Interchangeable with “to go” packaging and “food packaging material” and includes, but is not limited to: all containers, clamshells, bowls, plates, trays, cartons, cups, straws, stirrers, napkins, cutlery and other items designed for one-time use associated with prepared foods, including without limitation, service ware for takeout foods and/or leftovers from partially consumed meals prepared by food providers.
EVENTS PROMOTER. An applicant for any event permit issued by the town.
FOOD OR GROCERY ESTABLISHMENT. All sales outlets, stores, shops, vehicles or other places of business located within the town, which operate, sell, or convey foods, or beverages, which foods or beverages are predominantly contained, wrapped or held in or on packaging. FOOD ESTABLISHMENT shall include, but not be limited to, any place where food is prepared, mixed, cooked, baked, smoked, preserved, bottled, packaged, handled, stored, manufactured and sold or offered for sale, including but not limited to, any fixed or mobile restaurant, drive-in, convenience store, coffee shop, cafeteria, short-order café, delicatessen, luncheonette, grill, sandwich shop, soda fountain, hotel, motel, movie house, theatre, bed and breakfast inn, tavern, bar, cocktail lounge, nightclub, roadside stand, takeout prepared food place, industrial feeding establishment, catering kitchen, mobile food preparation unit, commissary, event, grocery store, public food market, produce stand, food stand, or similar place in or at which food or drink is prepared for sale, or for service, on the premise or elsewhere, and any other establishment or operation where food is processed, prepared, stored, served, sold, or provided for the public and any organization, group or individual which provides food as part of its service.
FOOD PROVIDER. Any vendor, business, organization, entity, group, or individual, including food establishments, as defined in the town code that offers food or beverages to the public.
PERSON. An individual, business, event promoter, trust, firm, joint stock company, corporation, non-profit, partnership, or association.
POLYSTERENE/PLASTIC FOAM. Blown expanded and extruded polystyrene (sometimes called Styrofoam TM) or other plastic foams which are processed by any number of techniques including, but not limited to, fusion of monomer spheres (expanded bead plastic), injection molding, foam molding, and extrusion-blown molding (extruded foam plastic). POLYSTYRENE and other PLASTIC FOAM is generally used to make cups, bowls, plates, trays, clamshell containers, meat trays, egg cartons, coolers, ice chests, shipping boxes, packing peanuts, and beach or pool toys. The term POLYSTYRENE also includes clear or solid polystyrene, which is known as ORIENTED POLYSTYRENE.
POLYSTYRENE/PLASTIC FOAM PRODUCTS. Any item such as coolers, ice chests cups, bowls, plates, clamshells, shipping boxes, containers, cutlery, or any other merchandise containing polystyrene/plastic foam that is not wholly encapsulated or encased by a more durable material.
PREPARED FOOD. Food or beverages, which are served, packaged, cooked, chopped, sliced, mixed, brewed, frozen, squeezed or otherwise prepared within the Town. PREPARED FOOD does not include raw, butchered meats, fish and/or poultry sold from a butcher case or similar food establishment.
RECYCLABLE. Any material that is accepted by the Charleston County recycling program, including, but not limited to, paper, glass, aluminum, cardboard and plastic bottles, jars and tubs. This also means any approved alternative products that are accepted by the county recycling centers.
REUSABLE CARRYOUT BAG. A carryout bag that is specifically designed and manufactured for multiple use, and meets the following criteria:
(a) Displays in a highly visible manner on the bag exterior language describing the bag’s ability to be reused and recycled;
(b) Has a handle which is stitched and not heat-infused;
(c) Is constructed out of any of the following materials:
1. Cloth, other machine-washable fabric, or other durable materials whether woven or non-woven capable of being cleaned and disinfected; or
2. Plastic film, with a minimum thickness of four (4.0) mills and capable of being cleaned and disinfected;
(d) Has a minimum lifetime of 125 uses, which for purposes of this definition means the capability of carrying a minimum of 22 pounds 125 times over a distance of at least 175 feet.
SINGLE-USE PLASTIC CARRYOUT BAG. A bag provided by a business establishment to a customer typically at the point of sale for the purpose of a onetime use to transport purchases, which is made predominantly of plastic derived from either petroleum or a biologically-based source.
TOWN OF JAMES ISLAND FACILITY. Any building, structure or vehicle owned and operated by the town, its agents, agencies, and departments.
(B) Regulations.
(1) No business establishment or food or grocery establishment may provide single-use plastic carryout bags at any town facility, town-sponsored event, or any event held on town-owned property.
(2) No business establishment or food or grocery establishment within the town limits may provide single-use plastic carryout bags to its customers. All business establishments shall provide or make available to a customer reusable carryout bags or recyclable paper bags.
(3) Food providers within the town may not provide food in any disposable food service ware that contains polystyrene/plastic foam.
(4) Disposable food service ware that contains polystyrene/plastic foam is prohibited from use in all town facilities.
(5) All food or grocery establishments, food providers and event promoters within the town utilizing, selling or otherwise providing disposable food service ware shall use recyclable or compostable products, subject to the provisions of divisions (C) and (D) below.
(6) No business establishment or event promoter or food or grocery establishment within the town may sell, rent, or otherwise provide any polystyrene/plastic foam product that is not wholly encapsulated or encased within a more durable material, except as exempted in this section. This specifically includes, but is not limited to, cups, plates, bowls, clamshells, bags, and other products intended primarily for food service, use, as well as coolers, containers, ice chests, shipping boxes, or packing peanuts.
(7) Business establishments within the town limits are strongly encouraged to provide prominently displayed signage advising customers of the benefit of reducing, reusing and recycling and promoting the use of reusable carryout bags by customers.
(8) While cutlery is considered exempt, food providers in the town shall only provide, distribute or deliver disposable to-go-cutlery (i.e., forks, spoons, knives) for prepared food upon the request or affirmative response of a customer or person being provided the prepared food or beverage, or in a self-service area or dispenser.
(C) Exemptions. Although the town encourages the use of recyclable or compostable products throughout, the following shall be exempt from the provisions of this section:
(1) Products made from polystyrene/plastic foam, which is wholly encapsulated or encased by a more durable material, are exempt from the provisions of this section. Examples include surfboards, boats, life preservers, and craft supplies which are wholly encapsulated or encased by a more durable material, and durable coolers not principally composed of polystyrene/plastic foam;
(2) Construction products made from polystyrene/plastic foam are exempted from this section if the products are used in compliance with the town code and used in a manner preventing the polystyrene/plastic foam from being released into the environment;
(3) During a declared state of emergency or in an emergency situation where the immediate preservation of the public peace, health or safety is involved, any organization providing emergency services shall be exempt from the provisions of this section;
(4) Laundry dry cleaning bags, door-hanger bags, newspaper bags, or packages of multiple bags intended for use as garbage, recycling, pet waste, yard waste or similar use; although the town encourages the use of recyclable or compostable products throughout;
(5) Bags provided by physicians, dentists, pharmacists or veterinarians to contain prescription drugs or other medical necessities;
(6) Bags used by a customer or an employee of a business establishment to:
(a) Contain bulk items, such as produce, nuts, grains, candy, or small hardware items;
(b) Contain or wrap raw or frozen foods, any meat product (i.e., beef, pork or poultry, whether seasoned or otherwise processed), or any seafood product whether prepackaged;
(c) Contain or wrap flowers, potted plants or other items to prevent moisture damage to other purchases; or
(d) Contain unwrapped prepared foods or bakery goods;
(7) Bags used by a non-profit corporation or other hunger relief charity to distribute food, grocery products, clothing, or other household items;
(8) Bags of any type that the customer brings to the store for their own use for carrying away from the store goods that are not placed in a bag provided by the store;
(9) Meat and seafood trays, egg cartons, plastic lids used to contain foods and liquids, to-go condiment packages and cutlery (i.e., forks, spoons, knives) are exempt from the provisions of this section;
(10) Plastic drinking straws when needed by customers due to medical or physical conditions and for whom other straws are unsuitable are exempt from the provisions of this section.
(11) Any product purchased, prepared or packaged outside the town and thereafter sold in or delivered into the town are exempt from the provisions of this chapter.
(12) Any packaging used by food or grocery establishments that is required in order to comply with South Carolina Department of Health and Environmental Control Retail Food Establishment Regulation 61-25 or similar food safety regulation, or with federal food safety laws or regulations.
(13) Packaging used by food or grocery establishments that are predominantly made of paper, including wax paper products, paper products that have a clear plastic window and paper products, like paper cups or soup bowls that are lined in plastic, which are used to package ready-to-eat foods.
(D) Requests for exemption.
(1) The Town Administrator or the Administrator’s designee, may exempt a food or grocery establishment or food provider from the requirements set forth in this section for up to a one-year period upon the food provider showing, in writing, that this section would create an undue hardship or practical difficulty not generally applicable to other persons in similar circumstances. The Town Administrator or the Administrator’s designee shall put the decision to grant or deny up to a one-year exemption in writing, and the decision may be appealed to the Environment and Beautification Committee.
(2) Exemptions to allow for the sale or provision of polystyrene/plastic foam products may be granted by the Town Administrator or the Administrator’s designee, if the food or grocery establishment or food provider can demonstrate in writing a public health and safety requirement or medical necessity to use the product. The Town Administrator or the Administrator’s designee shall put the decision to grant or deny the exemption in writing and the decision may be appealed to the Environment and Beautification Committee.
(3) An exemption application shall include all information necessary for the Town Administrator or the Administrator’s designee to make a decision, including but not limited to documentation showing factual support for the claimed exemption. The Town Administrator or the Administrator’s designee may require the applicant to provide additional information.
(4) The Town Administrator or the Administrator’s designee may approve the exemption application in whole or in part, with or without conditions.
(5) Any person aggrieved by the decision of the Town Administrator or the Administrator’s
designee may appeal the decision to the Environment and Beautification Committee within 30 days of the Town Administrator or designee’s issuance of the written decision. In evaluating the appeal, the Environment and Beautification Committee shall determine whether the decision of the Town Administrator or the Administrator’s designee was made in compliance with the standards, policies, and criteria of this section. The decision of the Environment and Beautification Committee shall be final.
(E) Enforcement and penalties.
(1) The Code Enforcement Officer has primary responsibility for enforcement of this section. The Code Enforcement Officer is authorized to take any and all other actions reasonable and necessary to enforce this section, including, but not limited to, investigating violations, entering the premises of any business establishment during business hours.
(2) If a Code Enforcement Officer determines that violation of this section has occurred, he or she will issue a written warning notice to the owner or operator of the business establishment that a violation has occurred and the potential fines that will apply for future violations.
(3) Any business establishment that violates or fails to comply with any of the provisions of this section after a written warning notice has been issued for that violation shall be subject to a fine that shall not exceed $200 for a first violation; $350 for a second violation within any 12-month period; and $500 for each additional violation within any 12-month period. Every 30 days that a violation continues will constitute a separate offense.
(4) In addition to the penalties set forth in this section, repeated violations of this section by a person who owns, manages, operates, is a business agent of, or otherwise controls a business establishment may result in the suspension or revocation of the business license issued to the premises on which the violations occurred. No town business license shall be issued or renewed until all fines outstanding against the applicant for violations of this section are paid in full.
(5) Violation of this section is hereby declared to be a public nuisance, which may be abated by the town by restraining order, preliminary and permanent injunction, or other means provided for by law, and the town may take action to recover the costs of the nuisance abatement.
(Ord. 2018-16, passed 1-17-2019; Am. Ord. 2019-09, passed 11-21-2019; Am. Ord. 2024-01, passed 2-15-2024)
Editor’s note:
All of the requirements set forth in this section shall take effect and become operative and enforceable on January 1, 2020.