1 of 1
HOUSE DOCKET, NO. 284 FILED ON: 1/11/2023
HOUSE . . . . . . . . . . . . . . . No. 2037
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Simon Cataldo and Carmine Lawrence Gentile
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act authorizing the town of Concord to establish a fee for checkout bags.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Simon Cataldo14th Middlesex1/11/2023Carmine Lawrence Gentile13th Middlesex1/11/2023Michael J. BarrettThird Middlesex1/27/2023 1 of 2
HOUSE DOCKET, NO. 284 FILED ON: 1/11/2023
HOUSE . . . . . . . . . . . . . . . No. 2037
By Representatives Cataldo of Concord and Gentile of Sudbury, a petition (accompanied by bill,
House, No. 2037) of Simon Cataldo, Carmine Lawrence Gentile and Michael J. Barrett (by vote
of the town) that the town of Concord be authorized to establish a fee for checkout bags in said
town. Municipalities and Regional Government. [Local Approval Received.]
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 5294 OF 2021-2022.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act authorizing the town of Concord to establish a fee for checkout bags.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. The following words, unless the context clearly requires otherwise, shall
2have the following meanings:
3 “Checkout Bag” shall mean a bag provided by a retail establishment to a customer at the
4point of sale. Checkout bags shall not include: (i) bags, whether plastic or not, in which loose
5produce or products are placed by the consumer to deliver such items to the point of sale or
6check out area of the store; (ii) a paper bag provided by a pharmacy to a customer purchasing a
7prescription medication; (iii) a non-handled bag used to protect items from damaging or
8contaminating other purchased items; or (iv) a non-handled bag that is designed to be placed
9over articles of clothing on a hanger. 2 of 2
10 “Retail Establishment” shall mean any business facility that sells goods directly to the
11consumer whether for or not for profit, including but not limited to, retail stores, restaurants,
12pharmacies, convenience and grocery stores, liquor stores, and seasonal and temporary
13businesses.
14 SECTION 2. (a) Notwithstanding any general or special law to the contrary, any retail
15establishment which makes available checkout bags in the Town of Concord shall charge for
16each such bag equal to or greater than $0.10 per checkout bag, as established by regulations to be
17duly promulgated by the Town Manager or his/her designee.
18 (b) All monies collected pursuant to this section shall be retained by the retail
19establishment.
20 (c) Any charge for a checkout bag shall be separately stated on a receipt provided to the
21customer at the time of sale and shall be identified as the “checkout bag charge” thereon.
22 SECTION 3. (a) The Town Manager or his/her designee shall have authority to enforce
23this law and any regulations promulgated thereunder. This law may be enforced through any
24lawful means in law or in equity, including but not limited to, noncriminal disposition pursuant
25to G.L. c. 40 § 21D.
26 (b) The Town Manager or his/her designee may adopt and amend rules and regulations to
27effectuate the purposes of this law.
28 SECTION 4. If any provision of this law is declared to be invalid or unenforceable, the
29other provisions shall be severable and shall not be affected thereby.
30 SECTION 5. This act shall take effect three months after its passage.