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A. Contributing to the injury and even death of marine
<br />and terrestrial animals through ingestion and
<br />entanglement;
<br />B. Contributing to pollution and degradation of the
<br />terrestrial and coastal environment;
<br />C. Clogging our storm drainage systems;
<br />D. Creating mechanical and disposal burdens for solid
<br />waste collection and recycling facilities; and
<br />E. Requiring the use of millions of barrels of non-
<br />renewable, polluting, fossil fuel nationally for their
<br />manufacture.
<br />1. Studies have shown that even those plastic
<br />bags made from "biodegradable,"
<br />"compostable" or "oxo-biodegradable"
<br />materials, which all require very specific and
<br />controlled environments to fulfill their claims,
<br />are for all intents and purposes identical to
<br />single -use high or low -density polyethylene
<br />plastic bags in their potential impacts to the
<br />environment as set forth above. Bags of these
<br />types are therefore also subject to the
<br />requirements herein.
<br />2. The goal of this By-law is to join neighboring
<br />towns on Cape Cod in protecting, conserving
<br />and enhancing our unique natural beauty and
<br />irreplaceable natural resources by phasing out,
<br />within the retail sector, the use of certain
<br />single -use plastic bags, as defined herein, and
<br />by encouraging the use of reusable bags within
<br />the retail and municipal sectors. Therefore, the
<br />Town of Mashpee seeks to phase out the use
<br />of single use plastic bags by December 31,
<br />2017.
<br />126-2. Definitions:
<br />Carryout Bag - Any bag that is provided at the
<br />point of sale to a customer by an establishment for
<br />use to transport or carry away purchases, such as
<br />merchandise, goods or food, except as otherwise
<br />exempted under §126-3B.
<br />Customer - Any person purchasing goods, articles,
<br />food or personal services from an establishment.
<br />Enforcing Person - Those persons listed in§ 126-
<br />6, namely any police officer or agent of the Board
<br />of Health: non -criminal enforcement of ordinances,
<br />rules and regulations, of the General Ordinances of
<br />the Code of the Town of Mashpee, as further
<br />delegated by the time of taking effect pursuant to
<br />§ 126-5.
<br />Establishment - Any business selling goods,
<br />articles, food or personal services to the public,
<br />including but not limited to markets, merchandise
<br />retailers, food purveyors, public eating
<br />establishments and take-out restaurants.
<br />Operator - The person in control of, or having the
<br />responsibility for, the operation of an
<br />establishment, which may include, but is not
<br />limited to, the owner.
<br />Person - Any natural person, firm, corporation,
<br />partnership, or other organization or group
<br />however organized.
<br />Product Bag - A bag integrated into the packaging
<br />of the product.
<br />Reusable Bag - A bag with handles specifically
<br />designed for multiple reuse; and is either:
<br />1. Made of cloth or other machine washable
<br />fabric; or
<br />2. Made of durable, non -toxic plastic generally
<br />considered a food -grade material that is more
<br />than 4 milliliters thick.
<br />Single Use Plastic Bag - For the purposes of this
<br />By-law is defined as a bag made of plastic,
<br />including but not limited to bags made of any and
<br />all grades of polyethylene, polyethylene
<br />terephthalate, polyvinyl chloride, polypropylene,
<br />nylon, "biodegradable," "compostable" or "oxo-
<br />biodegradable" materials, with a thickness of less
<br />than 4.0 milliliters provided at the checkout stand,
<br />cash register, point of sale or other point of
<br />departure and that are intended for the purpose of
<br />transporting food or merchandise out of the
<br />Establishment. Single -use plastic bags do not
<br />include plastic bags provided to the customer,
<br />which are a maximum of 11 inches by 17 inches
<br />and are without handles, listed below:
<br />1. To transport produce, bulk food, candy or meat
<br />from a department within a store to the point of
<br />sale;
<br />2. To hold prescription medication dispensed
<br />from a pharmacy;
<br />3. To segregate food or merchandise that could
<br />damage or contaminate other food or
<br />merchandise when placed together in a point -
<br />of -sale bag;
<br />4. To distribute newspapers; or
<br />5. To protect clothing in dry-cleaning
<br />establishments.
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