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862.01 PURPOSE.
   The purpose of this chapter is to reduce the use of single-use products in order to:
   (a)   Reduce greenhouse gas emissions, other air pollution, and water pollution created from the production, consumption and disposal of these products, thereby protecting public health;
   (b)   Curb litter, reduce waste cleanup costs, and protect wildlife from single-use product waste;
   (c)   Relieve the pressure on recyclers, who cite single-use plastic bags as a major source of contamination and inefficiency within the recycling stream;
   (d)   Reduce solid waste generation and relieve the need for incinerators and landfills to manage the disposal of single-use products; and
   (e)   Promote the use of alternative reusable, compostable, and recyclable materials within the Borough.
(Ord. 4-2023. Passed 6-12-23)
862.02 SINGLE-USE PRODUCT REGULATION.
   Beginning the later of January 8, 2024, or 120 days after the effective date, retail establishments are prohibited from providing any of the following to a customer, either directly at the establishment or through a delivery from the retail establishment to a destination selected by the customer:
   (a)   Non-compliant paper bags;
   (b)   Single-use plastic bags that are not exempted as defined in Section 862.03(n)(3);
   (c)   Single-use expanded polystyrene products (e.g.,. Styrofoam); and
   (d)   Single-use polystyrene products (e.g., #6 plastic).
(Ord. 4-2023. Passed 6-12-23)
862.03 DEFINITIONS.
   (a)   “Borough.” The Borough of Swarthmore.
   (b)   “Compliant paper checkout bag.” A paper bag that contains a minimum of 40% post-consumer recycled content.
   (c)   “Compliant reusable checkout bag.” A reusable bag that meets all of the following requirements:
      (1)   Is specifically designed and manufactured for multiple reuses; and
      (2)   Is made of cloth, other machine-washable fabric, or polypropylene.
      (3)   Can be cleaned or disinfected; and
      (4)   Does not contain lead, cadmium, or any other toxic material that may pose a threat to public health, in compliance with PA Safe Packaging Act 112.
   (d)   “Customer.” Any person or entity purchasing goods or services from a retail establishment.
   (e)   “Disposable foodware accessory.”
      (1)   Any item used or provided by a retail establishment to serve, consume or manipulate food or beverages; that
      (2)   Includes but is not limited to straws, forks, spoons, sporks, knives, chopsticks, drink stirrers, beverage spill plugs, drink sleeves, drink tops, toothpicks, napkins, novelty cocktail accessories, condiment cups and packets, and other food or drink accouterments; and
      (3)   Shall not include foodware accessories provided under the following circumstances:
         A.   When packaged with food or beverages prepared and packaged outside of the Borough, provided such beverages are not altered, packaged, or repackaged within the Borough;
         B.   When requested by a customer.
   (f)   “Expanded polystyrene foam.” A thermoplastic petrochemical material that utilizes a styrene monomer to create expanded or extruded polystyrene foam (EPS), often referred to by the trademarked name Styrofoam.
   (g)   “Gift bag.” A decorative bag designed specifically for gift giving and has the ability to be used multiple times for that purpose. “Gift bags” are not bags used exclusively for transport of goods from a store.
   (h)   “Operator.” The person in control of, or having responsibility for, the operation of a retail establishment, which may include, but is not limited to, the owner of the retail establishment.
   (i)   “Plastic.” A synthetic material made from linking monomers through a chemical reaction to create a polymer chain that can be molded or extruded at high heat into various solid forms that retain their defined shapes during their life cycle and after disposal, including material derived from either petrochemicals or biologically-based sources such as corn or other plant matter.
   (j)   “Polystyrene.” A thermoplastic petrochemical material that utilizes a styrene monomer to create a hard plastic.
   (k)   “Product packaging.” A bag without handles used inside a retail establishment to deliver items to the point-of-sale at that establishment in one of the following ways:
      (1)   A bag used to package bulk items such as fruit, vegetables, nuts, grains, candy;
      (2)   A bag used to contain frozen goods or wrap meats or fish;
      (3)   A bag used to contain unwrapped prepared foods or bakery goods; or
      (4)   A bag used solely to contain live animals, such as fish or insects;
      (5)   A bag used solely to contain small items, such as loose hardware or greeting cards.
      (6)   A bag used solely by dry cleaners to protect items prior to checkout.
   (l)   “Retail establishment.” Any location within the geographical limits of the Borough where perishable or nonperishable goods are offered to the public for direct sale or delivery to a customer, including but not limited to the following: any event sponsored by the Borough through a permit or a location on municipal property, art fair, charity event, clothing store, convenience store, delicatessen, dollar store, dry cleaners, farmers market, food delivery service, food truck, grocery store, library, pharmacy, restaurant, service station, or street fair.
   (m)   “Single-use expanded polystyrene product.”
      (1)   Any product made of expanded polystyrene foam (Styrofoam) that is used for selling, providing or transporting food, beverages or other goods; that
      (2)   Includes beverage cups, bowls, clamshells, plates, trays, and other containers; and
      (3)   Does not include:
         A.   Food or beverages that have been packaged in expanded polystyrene foam outside the Borough before receipt by a retail establishment.
   (n)   “Single-use plastic bag.”
      (1)   A bag made of plastic through a blown-film extrusion process; that is
      (2)   Provided by an operator of a retail establishment to a customer at the point-of-sale.
      (3)   This definition specifically exempts the following from the category of single-use plastic bags:
         A.   Compliant reusable bags;
         B.   Product packaging;
         C.   Newspaper bags;
         D.   Bags sold to customers in packages containing multiple bags that were packaged at the time of manufacture of the bag (i.e., boxes of trash bags or storage bags).
   (o)   “Single-use polystyrene product.”
      (1)   Any product made of polystyrene that is used for selling, providing or transporting food, beverages or other goods; that
      (2)   Contains the triangular #6 plastic resin identification code; and
      (3)   Includes beverage cups, clamshells, and other containers.
(Ord. 4-2023. Passed 6-12-23; Ord. 3-2024. Passed 3-11-24)
862.04 COMPLIANT CHECKOUT BAG.
   (a)   Beginning April 22, 2024 (Earth Day), retail establishments may only provide a customer a gift bag, compliant paper checkout bag or a compliant reusable checkout bag at the point of sale. The retail establishment shall be required to charge a customer a fee for each compliant paper checkout bag in the amount of not less than ten cents ($0.10) per compliant paper checkout bag, or such other amount as the Borough Council may approve by resolution from time to time. At any time, a retail establishment may require or remove a fee that is higher than that which the Borough put in place.
   (b)   To the extent a fee resolution for compliant paper checkout bags and/or compliant reusable checkout bags is approved by the Borough Council, all monies collected by a retail establishment under this Section for provision of a compliant paper checkout bag or compliant reusable checkout bag shall be retained by the retail establishment.
   (c)   Nothing in this chapter shall prevent a retail establishment from also engaging in any of the following encouraged activities:
      (1)   Hosting a reusable bag exchange within the retail establishment, e.g., give-a-bag/take-a-bag resource.
      (2)   Offering customers a refund in the amount of the retail establishment's choice for bringing their own checkout bag or container, unless regulated by other food safety standards, e.g., reusable bag, cup, jar, bulk beverage/food container.
(Ord. 4-2023. Passed 6-12-23; Ord. 3-2024. Passed 3-11-24)
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