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1. When does the law go into effect?

 June 12, 2020.

2. Why do we need a plastic reduction law in Millburn Township?

Single-use disposable plastics are a major source of litter and pollution in our environment. They do not biodegrade and are extremely difficult to recycle. Our recycling facility does not recycle them. They are most frequently used once for a brief period of time before being discarded. Paper bags are also extremely harmful to the environment due to the amount of energy and water used to produce them, and the energy used to transport them. The law is meant to encourage the use of reusable rather than disposable bags, containers and straws, thereby contributing to a cleaner, healthier environment.

3. Is the problem really that bad that we needed this law?

Yes. Plastics will remain in the environment for hundreds of years or more. They destroy wildlife, clog storm drains, end up in waterways and the oceans and fill landfills. If placed in your curbside trash, they increase the Township’s waste stream. The production of paper bags is a large contributor to climate change. This law is protecting our environment and health by moving away from our “disposable” habit to a “reusable” one.

4. Why is there a charge for paper bags and reusable bags?

The 5-cent fee for paper bags and at least 10-cent fee for reusable bags will encourage customers to bring their own bags. Prior to being given a paper bag or reusable bag, a customer must be asked whether they want a bag, and be informed of the fee. The bag fees must be included separately on the customer’s receipt. Retailers will keep the fee to offset any bag costs.

5. What about “biodegradable” or “compostable” plastic bags? Why not use them?

Studies have shown that these types of bags do not effectively disintegrate. A far more important point is that these bags are disposable and thus, counter to the objective of reducing the amount of waste and pollution in our environment.

6. Why aren’t paper bags banned?

One of the objectives of the law is to promote the use of reusable bags by reducing our dependence on single-use bags. This law will reduce the number of single-use plastic and paper bags used in Millburn Township. However, if shoppers forget their bags they will still have the option of using paper bags (for a fee of 5-cents) to carry their purchases out of the store if the retailer has chosen to make paper bags available.

7. Are any types of plastic bags allowed to be used or sold by retailers?

The following are Exemptions to the law:

(a) Plastic bags used inside the retail establishment to:

1. Package bulk items, such as fruit, vegetables, nuts, grains, candles, or small hardware items;
2. Contain or wrap frozen and non-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;
4. Contain unwrapped prepared foods or bakery goods;
5. Contain pharmacy prescription bags, or
6. Contain articles of clothing in garment bags.

(b) Newspaper bags, door-hanger bags, laundry and/or dry cleaning bags, or bags sold in packages containing multiple bags intended as food storage bags, garbage bags, yard waste bags, or pet waste bags.

8. Are retailers prohibited from selling multi-bag packages of sandwich bags, garbage bags or pet waste bags?

No. These may still be sold. The law only applies to carryout bags at the “point-of-purchase” (think cash register).

9. Am I allowed to use my own bags, including plastic bags, in a store?

Yes. You are encouraged to bring your reusable bags with you every time you shop, not just in a grocery store. You may bring a bag made from any material, including plastic.

10. Aren’t some reusable bags made from plastic?

Reusable bags can be made from a variety of materials such as canvas, woven synthetic fibers, or thick plastic that is more durable than disposable plastic bags, allowing multiple uses. Many times reusable bags contain recycled plastic. Even when made out of plastic, reusable bags significantly reduce the environmental impact created by single-use bags.

11. Are reusable bags safe to use? Do they carry germs or bacteria?

The good news is that reusable bags can be washed and cleaned. If using a cloth bag, these bags can be included in a load of laundry. If the reusable bag is made of plastic, these can be wiped down with a disinfecting cleaner.

12. Can retailers force me to pay for a bag?

You cannot be forced to buy a bag. However, if you choose to use a paper bag or a store’s reusable bag you must pay the fee imposed by law. The bag fees are imposed by Millburn Township through the Ordinance. The retail operators must follow the law and collect the bag fee. You are strongly encouraged to bring your own bags.

13. What will I use if I forget my own bags and do not want to pay a bag fee?

You do not have to use any bags at all. Bags are not required. (Think big box store) You may also use other types of containers.

14. How do I remember to take my bags with me?

Creating this new habit may take a little time and practice. Some simple suggestions to help you remember to bring your bags are:

• Keep reusable bags in your car and/or purse;
• After unpacking your purchases immediately return your bags to your car, or leave them where you will see them the next time you go to your car;
• Place your car keys in one of your bags;
• Write a reminder at the top of your shopping list;
• Go back to your car once you realize you’ve left your bags there;
• Ask your retailer to post signs in the parking lot and near the store entrance.

15. What if I need a straw to drink my beverage?

You may ask for a straw at any retailer that has them available for customers. Retailers are not required by law to have straws available. The retailer must not ask you your reason for requesting a straw. If you need or prefer to use a straw, you are encouraged to bring a reusable straw with you.

16. Where can I obtain a copy of Ordinance No. 2547-19?

Click on this link and you will be directed to the Ordinance (PDF).