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HOUSE DOCKET, NO. 1277 FILED ON: 1/18/2023
HOUSE . . . . . . . . . . . . . . . No. 2054
The Commonwealth of Massachusetts
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PRESENTED BY:
Carmine Lawrence Gentile and Alice Hanlon Peisch
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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 Lincoln to establish a fee for checkout bags.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Carmine Lawrence Gentile13th Middlesex1/18/2023Alice Hanlon Peisch14th Norfolk1/20/2023Michael J. BarrettThird Middlesex1/20/2023 1 of 2
HOUSE DOCKET, NO. 1277 FILED ON: 1/18/2023
HOUSE . . . . . . . . . . . . . . . No. 2054
By Representatives Gentile of Sudbury and Peisch of Wellesley, a petition (accompanied by bill,
House, No. 2054) of Carmine Lawrence Gentile, Alice Hanlon Peisch and Michael J. Barrett (by
vote of the town) that the town of Lincoln be authorized to establish a fee for checkout bags at
certain retail establishments. Municipalities and Regional Government. [Local Approval
Received.]
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 4106 OF 2021-2022.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act authorizing the town of Lincoln 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 have
2the 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 Lincoln shall charge for each
16such bag equal to or greater than $0.10 per checkout bag, as established by regulations to be duly
17promulgated by the Lincoln Board of Health.
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 Health Agent for the Lincoln Board of Health or his/her designee shall
23have authority to enforce this law and any regulations promulgated thereunder. This law may be
24enforced through any lawful means in law or in equity, including but not limited to, noncriminal
25disposition pursuant to G.L. c. 40 ยง 21D and Article VI of the Town of Lincoln General Bylaws.
26 (b) The Lincoln Board of Health may adopt and amend rules and regulations to effectuate
27the purposes of this law.
28 Section 4. If any provision of this law is declared to be invalid or unenforceable, the other
29provisions shall be severable and shall not be affected thereby.
30 Section 5. This act shall take effect three months after its passage.