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09/27/2019 12:00 AMThe question at Branford checkouts used to be "paper or plastic?" Now, it's seniors and residents in need asking, "Why am I being charged ten cents per paper bag?"
That's what one Branford resident and retired Branford police officer, Stan Konesky, told The Sound he's been hearing from friends, and in person, at Branford stores. So Konesky went to Town Hall and here's what he found out: in Branford, as of December 12, 2019 and thereafter, seniors and those enrolled in supplemental nutrition programs cannot be charged a fee for recyclable paper bags at retail checkout.
The confusion in the question that's coming up at registers right now is not only a matter of timing, but likely due to recent news of both Branford's plastic bag ban ordinance in July 2019; combined with the enactment of state of Connecticut's new retail plastic bag law in August 2019.
Back in July 2019, the Branford Representative Town Meeting passed a new ordinance banning single-use plastic bags at checkout at merchants in town. The ordinance also specifies that merchants "may" charge customers ten cents per single recyclable paper bag provided – except for seniors, WIC and SNAP recipients. However, the Branford ordinance does not go into effect until 6 months after its approval date – which will be December 12, 2019, explained Branford First Selectman Jamie Cosgrove.
"I believe there are some stores in town that are charging for the paper bags, and currently, it's permissible [because] it's not prohibited, under state statute, for them to charge it," said Cosgrove. "However, come December 12 when the local ordinance goes into effect, the local businesses would be restricted from charging seniors and those under certain assistance programs a fee on paper bags; [so] at least under local ordinance, they will be prohibited from charging seniors and those under the assistance programs."
In August 2019, the state's new plastic bag law went into effect. The state law does require businesses to charge ten cents for any single use plastic bags issued at retail through June of 2021, with the revenue to be turned over to the state. Additionally, the state law has no exemptions for who may be charged for single use plastic bags at retail. After June 2021, the state law prohibits single use plastic bags from being provided at retail.
Branford's new ordinance allows that retailers "may" charge a fee of 10 cents for recyclable paper bags. Originally, the group which helped move the ordinance to a final vote, Bring Your Own Branford, wanted stronger language requiring retailers to charge for paper bags to help prompt customers to bring their own, reusable bags to businesses when shopping.
While state law in no way requires stores to charge a fee for paper bags issued at checkout, it also doesn't prohibit stores from adding a charge to help offset the cost of providing paper bags and to encourage customers to bring their own reusable bags. As of December 12, 2019, that will change for stores making sales to seniors and supplemental nutrition program participants in Branford; because the state law also notes it won't prohibit municipalities from "... enacting or enforcing an ordinance concerning single-use checkout bags made of plastic, provided such ordinance is as restrictive or more restrictive as the provisions of this section concerning the provision or selling of such bags to customers by stores."
Specifically, the Branford ordinance stipulates that the option for retailers to charge for recyclable paper bags at checkout "...shall not apply to customers making purchases using supplemental nutrition assistance program [SNAP], supplemental nutrition program for women, infants and children [WIC], 'food stamps' or seniors 65 and over. These customers will receive recyclable paper bags free of charge."
The Branford ordinance also does have penalties for violations, including issuing an Official Warning following the first report of a violation; and a $150 civil fine for any violation thereafter.
Cosgrove said the Town of Branford intends to publicize notification to retailers of the new Branford law, and particularly it's recyclable paper bag charge exemptions, ahead of the local ordinance going into effect on December 12, 2019.