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1. What is a single use plastic bag?

A thin-film single-use plastic bag is a bag with a thickness of 3.0 mils or less which are intended for single-use transport of purchased products.

2. Who is affected by this ordinance?

All sales outlets, stores, shops, restaurants, markets, supermarkets, clubs, pharmacies or other places of business located within the City of Northampton which sell or convey merchandise directly to the ultimate consumer.

3. When does this ordinance take effect?

January 1, 2016

4. What types of bags can I use?

Reusable bags - bags that have a thickness greater than 3.0 mils and are specifically designed for multiple use and are made of thick recyclable plastic, cloth fabric or other durable materials that do not decompose into harmful chemical components. A reuseable bag may be recyclable or compostable and is specifically designed and manufactured for reuse.

Biodegradable bags - Bags that: (1) contact no polymers derived from fossil fuels; and (2) are intended for single use and will decompose in a natural setting to an environmentally beneficial material at a rate comparable to other biodegradable materials such as paper, leaves, and food waste.

Compostable plastic bags - plastic bags that: (1) conform to the current America Society for Testing and Materials International D6400 for compostability; (2) are certified and labeled as meeting the ASTM D6400 standard specification by a recognized verification entity; and (3) conform to any other standards deemed acceptable by this section.

5. Are there exemptions?

Yes there are three exemptions:

1. Thin-film plastic bags used to contain dry cleaning, newspapers, produce, meat, bulk foods, wet items and other similar merchandise, typically without handles;

2. Any flexible transparent covering for uncooked or raw meat, poultry, raw fish, hard cheese, cold cuts, fruit, and vegetable products, baked goods, or bread;

3. Thin-film single-use plastic bags under 3.0 mils purchased prior to April 1, 2015, and used before July 1, 2018.

6. What happens if you do not comply?

If it is determined that a violation of the single-use plastic bag ban ordinance has occurred, the Mayor's designee (who is the Health Department Inspectors) shall issue a warning notice for the initial violation.

If an additional violation of the ordinance has occurred within one year after a warning notice has been issued for an initial violation, the Mayor's designee shall issue a notice of violation and shall impose a penalty against the retail establishment.

The penalty for each violation that occurs after the issuance of the warning notice shall be no more than: 1) $50 for the first offense; 2) $100 for the second offense and all subsequent offenses. No more than one penalty shall be imposed upon a retail establishment within a seven-calendar-day period.