Proposed Jersey City Plastic Bag Law

8/8/2019 Proposed Jersey City Plastic Bag Law

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Cit Clerk File No.

Agenda No.

Agenda No.

Ord. 10-140

3.M 1st Reading

2nd Reading & Final Passage

ORDINANCEOF

JERSEY CITY, N.J.COUNCIL AS A WHOLEoffered and moved adoption of the following ordinance:

CITY ORDINANCE 10-140

TITLE:ORDINANCE AMENDING CHAPTER _ (_) ARTICLE _L- OF THE JERSEY CITY

CODE TO : 1) REQUIRE THE USE OF COMPOSTABLE PLASTIC, RECYCLABLE PAPER

AND/OR REUSABLE CHECKOUT BAGS BY STORES LOCATED IN THE CITY OF JERSEY

CITY; AND 2) PROVIDE PENAL TIES FOR VIOLATIONS

THE MUNICIPAL COUNCIL OF THE CITY OF JERSEY CITY DOES ORDAIN:

WHEREAS, there exists a need to discourage the use of single-use, disposable plastic and paper

bags and encourage the use of reusable bags by consumers and retailers in order to mizethe impact of disposable bags on our environmental and waste management systems; and

WHEREAS, at an estited 350 bags per person, per anum, Jersey City, NJ consumes anestiated gross total of approxiately 84,836,150 milon plastic bags every year. This

legislation wi have a signcant, tangible effect on the citys total environmental impact; and

WHEREAS, plastic carryout bags create unsightly litter, clog sewèr systems, and pose a risk to

marine anal that ingest them or could become entangled in them along the Hudson River;

and

WHEREAS, paper bags have a measurably higher production impact than plastic. Themanufactg of a paper bag requies 40% more energy, produces up to 80% mo~e soUd waste,

72% more atmospheric waste, and 90% more waterb.ome waste. Virgin paper bags contribute to

deforestation; and

WHEREAS, when land-fied, plastic bags can remai in-tact for extended periods of tie (oftenovèr hundreds of year). In addition, their low weight and high volume make them anunattactive, low-margi commodity in the recyclig industr. Less than 3% of plastic bags are

recycled; and

WHEREAS, the City of Jersey City has a moral duty to protect the natual environment,

economy, and the health of its citien; and

WHEREAS, plastic shopping bags have signcant envionmental impacts each year, including

the fellg of over 14 mion trees, and us of over 12 mion barrels of oil for bags in the United

States, as well as the death of over 100,000 marine anal from plastic entaglement; and

WHEREAS, eliatig diposable bag usage sends a message to citien the City of Jersey Cityis commtted to waste reducton and actvely support envionmenta intiatives.

NOW, THEREFORE, BE IT ORDAINED, by the Muncipal Counci of the City ofJersey City

that:



COntinuation of City Ordinance 10-140 , page 2

A. The followig amendments to Chapter _ (_) Article _ (~are hereby adopted:.

ARTICLE

Section

§ _. Definitions.

For the purpose of ths Ordinance, the following words shal have the followig meanings:

ASTM STANDARD: means the American Society for Testig and Materials (ASTM)'s

International standard 06400 for compostable plastic, as the standard may by amended

from tie to tie.

COMPOST ABLE PLASTIC BAG: mean a plastic bag that:

(1) is certied. and labeled as meetig the ASTM-Standard by a recogned

verifcation entity such as the Biodegradable Product Intitute;

(2) displays the phrase "Green Cart Compostable" and the word "Reusable" in a

higly visible maner on the outside of the bag.

CHECK OUT BAG: means a carrout bag that is provided by a store to a customer at the

point of sale.

. DEPARTMENT: mean the Division of Health.

DIRECTOR: means the Health Officer.

HIGHLY VISilLE MANNER:. means:.

(1) for Compostable Plastic Bags, displaying both of the followig in green letteringcontrastig with the bag's background cotor that is at least two inches high:

(i) the phrase "Green Cart Compostable" either on the front and back of the

bag together with a solid green band at least one-ha inch thck circligthe cicuerence of the bag, or repeatedly, as a band of text or textalternatig with solid strpe, circlg the circuerence of the bag, and

(ü) the word "Reusable" diplayed on the front and/or back of the bag; and.

(2) for recyclable paper bags, diplayig the words "Reusable" and "Recyclable" on

the front and/or back of the bag in blue letterig contrastig with the bag's

background color that is at least two inches high; and

PERSON: mean an individual,trst, fi, joint stock company, corporation,cooperative, parership, or association.

PHARMCY: mean a retai use where the profession of pharacy by a pharacistlicened by the State of Ne~ Jersey in accordance with the Business and Professions

Code is practced and where prescriptions (and possibly other merchandi) are offeredfor sale, excludig .such reta uses located inide a hospital.

. RECYCLABLE: means material that can be sorted, cleaned, and reconstituted using

Jersey Citys avaiable recclig collection. programs for the purose of using the altered

form in the manufactue of a new product. Recyclig does. not include b"ug,incieratig, convertig, or otherwe thennaIy destroyig solid waste.

RECYCLABLE PAPER BAG: mean a paper bag that meets al of the followig



Continuatiòn of City Ordinance 10-140 . page 3

requirements: .

(1) contains no old growth fiber;

(2) is 100% recyclable. overall and contains a miùi of 50% post-coTlsumer

recycled content; and

(3) displays the words "Reusable" and Recyclable" in a highly visible maner on theoutside of the bag. .REUSABLE BAQ means a bag with handles that is specifcaly designed and

manufactued for multiple reuse and is either:

(1) made of cloth or other machie washable fabric, and/or

(2) made of durable plastic that is at least 2.25 mis thck.

STORE: mean a retai establihment located with the geographical lits of the City 6f

Jersey City that meets either of the following reqUIements:

(1) is a full-lie, self-servce supermarket . with gross anual sales of two. miondollars ($2,000,000), or more, and which sells a lie of dr grocery, caned goods,

or nonfood items and some perihable items. For purposes of determgwhich retai establishments are supermarkets, the City shall use the anualupdates of the Progressive Grocer Marketig Guidebook and any computer

printouts developed in conjunction with the gudebook; or

(2) is a retai pharacy with at least five locations under the same ownership with

the geographical lits of Jersey City.

§ _. Mandatory Use of Recyclable and Compostable Checkout Bags.

A. All Stores shall provide only the followig as checkout bags to customers: recyclable

paper bags, and/or compostable plastic bags, and/or reusable bags.

B. Violations of the reqUIements set forth in subsection (A) shal subject a Store to

penalties.

. C. Nothg in th secton shal be read to preclude Stores from makg reusable bags

avaiable for sale to customers.

§ _; Implementation:

The Director of the Division of Health shal implement th Ordinance.

§ ~. Enforcement and Penalties.

A. Any person who violat~s th~ Ordiance shal be guty of an inaction. If charged as aninaction, upon conviction thereof, the person shal be punhed by:

(1) a fie not exceeding $100.00 for a fist violation;

(2) a fie not exceeding $200.00 for a second violation with the same year; and

(3) a fie not exceedig $500.00 for each additional violation with the same year.

B. The City Corporation.Counl may seek legal injunctve, or other equitable relief to



Continuation of City Ordinance10-140 ,page 4

enforce this Ordinance, including without limtation, civil penalties.

§ _' Operative Date.

All of the requiements set forth in ths Ordinance shall become operative as to Stores that are

super~arkets, s~ (6) month after its effective date. All of the requirements set forth in ths

Ordinance shall become operative as to Stores that are Pharmacies one (1) year afer its effective

date.

§ _' Severabilty.

If any section, subsection, sentence, clause, or phrase of ths Ordinance is for any reason held to

be invalid or unconstitutional by a decision of any court of competent juridiction, such decision.

shal not affect the validity of the remaig portions of the Ordinance. The Municipal Council

hereby declares that it would have passed ths Ordinance and each and. every section,subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard

to whether any portion of ths Ordinance would be subsequently declared invalid orunconstitutional.

§ _" No Conflct With Federal or State Law.

Nothg in this Ordinance shal be interpreted or applied so as to create any i:equiement,

power or duty in confct with any federal or state law.

A. All ordinances and parts of ordiances inconsistent herewith are hereby repealed.

B. Ths ordinance shall be a part of the Jersey City Code as though codiied and fully setfort therein. The City Clerk shall have th ordinance codied and incorporated in the official

copies of the Jersey City Code. 'C.Th ordinance shal take effect at the tie and in the maner as provided by law.

D. The City Clerk and the Corporation Counel. be and they are hereby authoried anddirected to change any chapter numbers, arcle ntJbers and section numbers in the event that

the codifcation of ths ordiance reveal that there is a: confct between those nuIbers and theeXitig code, in order to avoid confsion and possible accidental repealers of existigprovisions.

NOTE:Al material is new; therefore, i:derlig has been omitted;

For puroses of advertiing only, new matter is indicated by bold face

and repealed matter by italic.

10/19/10

APPROVED AS TO LEGAL FORM APPROVED:

APPROVED:Business Administrtor.orpration Counsel

Certification Required 0

Not Required 0

Proposed Jersey City Plastic Bag Law

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