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126-3 Use and Regulation: A. Single -use plastic carryout bags shall not be sold, provided, or distributed to a customer or any other person by any person, owner, or operator of any establishment within the Town of Mashpee. Existing stock of single -use bags shall be phased out within twelve (12) months of adoption of this article; any remaining stock shall be disposed of properly by the establishment. B. Exemptions and Alternatives: 1. The following are exempt and not subject to the provisions of this chapter. These types of bags are in addition to the 5 types of bags that are not single use plastic bags as defined in Section 2. (1) Bags used by customers inside establishments to: (a) package bulk items, such as fruit, vegetables, nuts, grains, candy or small hardware items; (b) contain or wrap frozen foods, meat, or fish, whether packaged or not; or (c) contain or wrap flowers, potted plants, newspapers, or other items where dampness may be a problem; 2. Laundry or dry-cleaning bags or bags sold in packages containing multiple bags intended to be used for home food storage, garbage, waste, pet waste or yard waste. 3. Product bags. C. Nothing in this chapter prohibits customers from using bags of any type that they bring to the grocery store, food provider, or other establishment themselves or from carrying away goods that are not placed in a bag. Customers are encouraged to bring their own reusable bags to the aforesaid establishments. D. Establishments may and are strongly encouraged to distribute paper bags, reusable bags and boxes available to customers with or without charge and educate their staff to promote reusable bags and post signs encouraging customers to use washable reusable bags. E. The Town Manager or designee may prior to the effective date of this ordinance engage in any outreach process to establishments concerning this ordinance and exempt an establishment from the requirements of § 126- 3A for a period of not more than one year upon the establishment's showing, in writing, that this By-law would create an undue hardship or practical difficulty not generally applicable to other persons in similar circumstances. The decision to grant or deny an exemption shall be in writing and the Town Manager's decision shall be final. 126-4 Reusable Bag Policy: Notwithstanding the provisions of §126-3B, an establishment shall provide a reusable bag at no cost upon the request of a customer who uses a voucher issued under the Special Supplemental Food Program for Women, Infant and Children (WIC) pursuant to M.G.L. c. 111. Customers are encouraged to bring their own reusable shopping bags to stores. Establishments may provide reusable bags at no charge, or charge a reasonable fee for each paper or other bag, as they desire. Establishments are strongly encouraged to make reusable bags available for sale to customers at a reasonable price. 126-5 Time to Take Effect: In addition to the exemption provided in §126-3B, in order to further assist existing establishments in complying with this ordinance by phasing out the use of single -use plastic carryout bags over a period of 12 months from the effective date this ordinance, this ordinance shall take effect after 12 months from the date of its adoption. 126-6 Inspection and Enforcement: Any enforcing person shall have the right to enter any establishment during regular business hours, without a search or inspection warrant, to make reasonable inspection to ascertain whether there is compliance with the provisions of this chapter. Upon finding a violation of this chapter an enforcing person shall issue a written warning notice to the operator of the establishment that a violation has occurred and the potential penalties that will apply for future violations. This article may be enforced by any Town police 77