TOWNSHIP OF PARSIPPANY-TROY HILLS
MORRIS COUNTY, NEW JERSEY
ORDINANCE NO. 2019:33
AN ORDINANCE OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP
OF PARSIPPANY-TROY HILLS, MORRIS COUNTY, NEW JERSEY
CREATING CHAPTER 181, SINGLE USE BAGS AT RETAIL
ESTABLISHMENTS, OF THE CODE OF PARSIPPANY-TROY HILLS

WHEREAS, the Township finds that 1 trillion plastic bags are used worldwide
and less than 5% of that plastic is recycled; and
WHEREAS, the Township finds that the United States alone uses over 380
billion plastic bags and wraps yearly, and that over 4 billion single use bags are
used by New Jersey residents annually; and
WHEREAS, the Township finds that up to 80% of ocean plastic pollution enters
from land, injuring or killing 267 species and 100,000 marine animals worldwide
annually; and
WHEREAS, the Township finds that numerous studies by government and
environmental groups have found that use of single-use plastic carryout bags
poses serious public health and environmental risks, causing damage to and
contamination of public waterways and ecosystems that pollute drinking water,
threaten wildlife, block storm drains and negatively impact the ecosystem and
food chain as a whole; and
WHEREAS, the Township finds that single-use plastic waste degrades
Parsippany-Troy Hills neighborhoods and constitutes litter in parks and sewer
systems and the Passaic, Whippany and Rockaway Rivers and their tributaries;
and
WHEREAS, the Township finds that single-use plastic bags are now regulated in
sixty countries, four major cities in the United States, as well as hundreds of
towns throughout the United States and twenty-five in New Jersey as of this date;
and
WHEREAS, the Township finds that it is time for the Township of ParsippanyTroy Hills to make a stand and do its part to protect our oceans and other
waterways and natural resources from the problems associated with nondegradable plastic bag pollution; and
WHEREAS, the Township finds that it is in the best interest of the Township to
regulate the use of single-use plastic bags and paper bags by retail establishments
and promote the use of reusable bags within the Township;

 BE IT ORDAINED BY THE TOWNSHIP COUNCIL OF THE
TOWNSHIP OF PARSIPPANY-TROY HILLS, IN THE COUNTY OF
MORRIS, NEW JERSEY AS FOLLOWS:
SECTION 1. Chapter 181, SINGLE USE BAGS AT RETAIL
ESTABLISHMENTS, is hereby created and added in its entirety to the Code of
Parsippany-Troy Hills as follows:
§ 181-1. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
COMPLIANT BAGS
Recyclable paper carry-out bags and reusable bags as follows:
A. A recyclable paper carry-out bag is a paper bag that meets all of the
following minimum requirements:
1. It is one hundred percent (100%) recyclable overall and contains
a minimum of forty percent (40%) post-consumer recycled
material and can be composted.
2. It displays the words “recyclable” and/or “reusable” in a visible
manner on the outside of the bag.
B.

A reusable bag means a bag with handles made of cloth or other
washable fabric or is otherwise durable that is specifically designed and
manufactured for multiple use and meets the following additional
requirements:
1. It is machine washable or is made from a material that can be
cleaned or disinfected; or
2. It is a durable bag that is specifically designed and manufactured
for multiple use.

CUSTOMER
Any person purchasing goods or services from a retail establishment.
OPERATOR
Any person in control of, or having the responsibility for, the operation of a retail
establishment, which may include, but is not limited to, the owner of the retail
establishment.

 POST-CONSUMER RECYCLED MATERIAL
A bag constructed of a material that would otherwise be destined for solid waste
disposal, having completed its intended end use and product life cycle. “Postconsumer recycled material” does not include materials and by-products generated
from, and commonly reused within, an original manufacturing and fabrication
process.
PRODUCE BAG OR PRODUCT BAG
A very thin bag without handles used exclusively to carry produce, meats, or other
food items to the point of sale inside a retail establishment or, for reasons of public
health and safety, to prevent such food items from coming into direct contact with
other purchased items.
RECYCLABLE
Material that can be sorted, cleansed and reconstituted using available recycling
collection programs for the purpose of reusing the altered, incinerated, converted or
otherwise thermally destroyed solid waste generated therefrom. The material must
be recycled in a manner that is environmentally effective, economically feasible and
safe for employees as deemed feasible by the Township of Parsippany-Troy Hills.
RETAIL ESTABLISHMENT
Any store or commercial establishment that sells perishable or nonperishable goods,
including, but not limited to, clothing, food and personal items, directly to the
customer and is located within or doing business within the geographical limits of
the Township of Parsippany-Troy Hills. Retail establishments include: business
establishments that generate sales or use-tax; drug stores; pharmacies;
supermarkets; grocery stores; convenience food stores; food marts; or other
commercial establishments (i.e. restaurants and take-out food establishments or any
other business that prepares and sells prepared food to be eaten on or off its
premises). This definition also includes commercial establishments that sell
clothing, hardware, or any other non-perishable goods. It does not include
nonprofit charitable re-users as defined in Section 501(c)(3) of the Internal Revenue
Code of 1986, or a distinct operating unit or a division of the charitable
organization that reuses and recycles donated goods or materials and receives more
than 50% of its revenue from the handling and sale of those donated goods and
materials.
SINGLE-USE PLASTIC CARRY-OUT BAG
Any bag made predominantly of plastic derived from either petroleum or a
biologically based source, such as corn or other plant sources, that is provided by an
operator of a retail establishment to a customer at the point of sale. The term
includes compostable and biodegradable bags but does not include reusable bags,
produce bags, or product bags. This definition specifically exempts the following
from the category of “single use plastic carry-out bags”:
A. Bags provided by operators and used by consumers inside retail
establishments to:

 1. Package bulk items, such as fruit, vegetables, nuts, grains,
candies or small hardware items;
2. Contain or wrap frozen foods, meat or fish, whether packaged or
not;
3. Contain or wrap flowers, potted plants, or other items where
dampness may be an issue; or
4. Contain unwrapped prepared foods or bakery goods; or
5. Pharmacy prescription bags.
B. Newspaper bags, door-hanger bags, laundry and/or dry cleaning bags, or
bags sold in packages containing multiple bags intended for use as food
storage bags, garbage bags, yard waste bags or pet waste bags.
§ 181-2. Single-use plastic carry-out bags prohibited.
No retail establishment within the Township of Parsippany-Troy Hills shall
provide any single-use plastic carryout bags, as defined in §181-1, above, to any
customer at the checkout point or cash register, point of sale or other point of
departure or point of distribution for the purpose of transporting products or goods
out of the business or store.
§ 181-3. Availability and Use of Compliant Bags to Customers.
A. All Retail Establishments shall make available to customers, for a
fee, compliant bags, as defined in §181-1, above, for the purpose
of carrying goods or other materials away from the point of sale,
subject to the provisions of this Chapter. The fee charged shall be
reflected in the sales receipt.
B. No provision in this Chapter prohibits customers from using bags
of any type that they choose to bring to a retail establishment
themselves, in lieu of using bags available for a fee from the
retail establishment, or from carrying away goods that are not
placed in a bag.
§ 181-4. Fees for provision of compliant bags.
A. All retail establishments shall make recyclable paper carry-out
bags available to customers upon request for a fee of at least
$0.10 but not more than $0.25 per bag if customers choose not to
bring their own reusable bag.
B. A retail establishment may provide customers with a reusable
bag, as defined herein, for a fee of at least $0.10.

 C. All monies collected by retail establishments for the fees
established herein shall be retained by the retail establishment.
§ 181-5. Use of reusable bags encouraged.
All retail establishments must provide customers with compliant bags, upon request,
if a customer fails to bring his or her own bags, in accordance with the fee structure
set forth in §181-4, above. A retail establishment may choose, in its discretion, to
provide a credit to customers who choose to bring their own bags.
§ 181-6. Exempt customers.
All retail establishments must provide at the point of sale, free of charge, compliant
bags, to any customer who participates in, or is a beneficiary of, any United States
government (Federal) welfare program, or any local or Morris County welfare
assistance program, or any New Jersey State welfare program, including but not
limited to the New Jersey Supplemental Nutrition Assistance Program (SNAP) or the
New Jersey State Supplemental Security Income Program (SSI). Such customers
must provide documentation proving that they participate in, or are beneficiaries of
such programs.
§ 181-7. Outreach and education.
A. The Township of Parsippany-Troy Hills shall assist operators of
retail establishments by referring them to appropriate municipal
websites with information and to retail associations, unions or
other organizations that have educational materials concerning the
benefits of reusable bags rather than recyclable paper carry-out
bags.
B. All retail establishments shall be strongly encouraged to educate
their staff in ways to promote the use of reusable bags and to post
signs encouraging customers to use reusable bags rather than
recyclable paper carry-out bags.
C. All retail establishments shall be strongly encouraged to educate the
public on plastic bag and plastic film recycling and to offer a takeback program.
§ 181-8. Enforcement.
The Director of Public Works or his or her designee, which may include the Office
of Health in the Department of Human Services, has the responsibility of
enforcement of this ordinance and may promulgate reasonable rules and
regulations in order to enforce its provisions, including but not limited to
investigating violations and issuing fines.
§ 181-9. Violations and penalties.

 A. Any retail establishment that violates or fails to comply with this
ordinance or the rules and regulations promulgated therefrom, after an
initial written warning notice has been issued, shall be liable for a
violation of this ordinance.
B. If a retail establishment commits subsequent violation(s) after the
issuance of an initial written warning notice, the following penalties
shall be imposed and shall be payable by the operator of the retail
establishment upon conviction thereof:
1. A fine not exceeding $100 for the first violation after the
written warning notice is given;
2. A fine not exceeding $200 for the second violation after the
written warning notice is given; and
3. A fine not exceeding $500 for the third and any subsequent
violations after the written warning notice is given.
C. A separate offense shall be deemed committed on each day during or
on which a violation occurs.
§ 181-10. Reporting.
No later than one year after the effective date of this ordinance, and annually
thereafter, the Director of Health and Human Services shall report to the
Township Council regarding the progress of the reduction of the use of carry-out
bags, which may include the following:
A. The amount of carry-out bags in the residential waste and recycling
streams;
B. The amount of carry-out bags identified as litter on the streets,
sidewalks and in parks within the Township of Parsippany-Troy Hills;
C. The amount of carry-out bags found in Township storm drains;
D. The number of warning notices or notices of violation issued pursuant
to this ordinance; and
E. Any estimated cost savings for the Township attributable to carry-out
bag reduction; this may include but is not limited to reduced
contamination of the residential recycling stream and reduction in
flooding or combined sewer overflows.
SECTION 2. If any section, paragraph, subsection, clause or provision of
this Ordinance shall be declared invalid by a court of competent jurisdiction, such

 decision shall not affect the validity of this Ordinance as a whole or any part
thereof.
SECTION 3. All ordinances or parts of ordinances of the Township of
Parsippany-Troy Hills heretofore adopted that are inconsistent with any of the
terms and provisions of this Ordinance are hereby repealed to the extent of such
inconsistency.
SECTION 4. This ordinance shall take effect six (6) months from the date
of its final passage, approval and publication as provided by law.

Adopted this_

day of

, 2019

, Township Clerk___

, Mayor