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E. Requiring the use of millions of barrels of non-renewable, polluting, fossil fuel nationally
<br /> for their manufacture.
<br /> 1. Studies have shown that even those plastic bags made from "biodegradable,"
<br /> "compostable" or "oxo-biodegradable" materials, which all require very specific and
<br /> controlled environments to fulfill their claims, are for all intents and purposes identical
<br /> to single-use high or low-density polyethylene plastic bags in their potential impacts to
<br /> the environment as set forth above. Bags of these types are therefore also subject to the
<br /> requirements herein.
<br /> 2. The goal of this By-law is to join neighboring towns on Cape Cod in protecting,
<br /> conserving and enhancing our unique natural beauty and irreplaceable natural resources
<br /> by phasing out, within the retail sector, the use of certain single-use plastic bags, as
<br /> defined herein, and by encouraging the use of reusable bags within the retail and
<br /> municipal sectors. Therefore, the Town of Mashpee seeks to phase out the use of single
<br /> use plastic bags by December 31, 2017.
<br /> 126-2. Definitions:
<br /> Carryout Bag - Any bag that is provided at the point of sale to a customer by an
<br /> establishment for use to transport or carry away purchases, such as merchandise, goods or
<br /> food, except as otherwise exempted under §126-3B.
<br /> Customer - Any person purchasing goods, articles, food or personal services from an
<br /> establishment.
<br /> Enforcing Person - Those persons listed in§126-6, namely any police officer or agent of
<br /> the Board of Health: non-criminal enforcement of ordinances, rules and regulations, of
<br /> the General Ordinances of the Code of the Town of Mashpee, as further delegated by the
<br /> time of taking effect pursuant to §126-5.
<br /> Establishment - Any business selling goods, articles, food or personal services to the
<br /> public, including but not limited to markets, merchandise retailers, food purveyors, public
<br /> eating establishments and take-out restaurants.
<br /> Operator - The person in control of, or having the responsibility for, the operation of an
<br /> establishment, which may include, but is not limited to,the owner.
<br /> Person - Any natural person, firm, corporation, partnership, or other organization or
<br /> group however organized.
<br /> Product Bag - A bag integrated into the packaging of the product.
<br /> Reusable Bag - A bag with handles specifically designed for multiple reuse; and is
<br /> either:
<br /> 1. Made of cloth or other machine washable fabric; or
<br /> 2. Made of durable, non-toxic plastic generally considered a food-grade material that is
<br /> more than 4 milliliters thick.
<br /> Single Use Plastic Bag - For the purposes of this By-law is defined as a bag made of
<br /> plastic, including but not limited to bags made of any and all grades of polyethylene,
<br /> polyethylene terephthalate, polyvinyl chloride, polypropylene, nylon, "biodegradable,"
<br /> "compostable" or "oxo-biodegradable" materials, with a thickness of less than 4.0
<br /> milliliters provided at the checkout stand, cash register, point of sale or other point of
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