Single-Use Plastic Reduction Ordinance Information 

Ordinance 23-337

Introduction

On September 26, 2023, the Montgomery Township Board of Supervisors approved a single-use plastic carry-out bags, single-use plastic straw, and polystyrene container (such as Styrofoam) reduction ordinance effective April 22, 2024.

This ordinance is codified in Ordinance No. 23-337, which amends the Township code to regulate the distribution and use of single-use plastic carry-out bags, single-use plastic straws, and polystyrene take-out containers. The ordinance details definitions, requirements, enforcement, penalties, and exemptions relating to the distribution and use of these items. 

The ordinance only affects certain retail businesses such as restaurants, convenience stores, grocery stores, and other general merchandise retailers.

Signage informing customers of this change will be distributed to businesses within Montgomery Township by Montgomery Township.

General Information

Ordinance

Ordinance 23-337 can be viewed and downloaded here.

Public Survey

The Environmental Advisory Committee (EAC) worked with the Township to conduct residential and business surveys on the topic during February and March 2023. Members of the EAC also conducted visits to local businesses to have discussions about how a single-use plastic ban may affect businesses.

Timeline for Ordinance

  • May 23, 2022: The Board of Supervisors adopted a resolution encouraging voluntary participation in reducing the use of single-use plastics because at that time the law passed by the state legislature as part of the budget bill had been renewed. However, it was being challenged in the courts by Philadelphia, Pittsburg, West Chester, Narberth, and Lower Merion. Since this meeting, the legal challenges to banning single-use plastics subsided.
  • October 10, 2022: Township resident and Environmental Advisory Committee member Don Hamp spoke to the Board of Supervisors during their public meeting about considering a ban on single-use plastic bags, noting he was speaking on behalf of the EAC. 
  • February and March 2023: Residential and business surveys were distributed using the Township's public communication channels. The goal was to gather public sentiment about the issue and identify the challenges to implementing a single-use plastic ban.
  • April 10, 2023: The results of the residential and business surveys were presented during the public Board of Supervisors meeting. 
  • August 14, 2023: The Board of Supervisors authorized the advertisement of the Single-Use Plastics Reduction Ordinance (Ordinance No. 23-337).
  • September 26, 2023: The Board of Supervisors adopted the Single-Use Plastics Reduction Ordinance (Ordinance No. 23-337).

FAQ

What are the key reasons behind the Township’s ban on single-use plastic bags and straws?

Montgomery Township is actively taking steps toward reducing our environmental footprint and striving for a more sustainable community.

For information about single-use plastics' effect on the environment, click here.

 

When does the ordinance go into effect?

The ordinance goes into effect on April 22, 2024. Businesses are encouraged to implement bag changes sooner.

 

Which businesses does this affect?

It affects all retail, restaurants, and point-of-sale locations.

 

What items are affected?

Single-use plastic bags may no longer be given out at point-of-sale of retailers, restaurants, and related businesses. Plastic straws can only be given upon a customer's specific request. Polystyrene containers, such as Styrofoam, are also banned.

 

What kind of bags can businesses provide?

Businesses may provide either reusable bags or paper bags consisting of no less than 40% recycled content. These bags may be offered to customers for a minimum charge of 10¢ per bag.

 

Does the 40 % recycled content rule apply to all paper bags?

Yes. The 40% recycled content rule applies to all paper bags. 

 

Are there any exemptions?

Yes. Details of the exemptions are available in the ordinance. 

 

What are the signage requirements?

Businesses must post signage informing customers of this change beginning no later than 60 days (November 25th, 2023) from the enactment of the ordinance. Signage will be provided by Montgomery Township and must remain up until at least 6 months after the effective date. 

*Note: Signs may arrive later than November 25th. Please post them upon receipt from the Township.

 

Do businesses have to get rid of their existing stock of plastic bags?

Yes. Businesses must get rid of their existing stock of plastic bags by April 22, 2024.

Can businesses charge customers for bags?

Businesses may provide either reuseable bags or paper bags consisting of no less than 40% recycled content. These bags may be offered to customers for a minimum charge of 10¢ per bag.

 

What are the fines for non-compliance?

Violations and fines are as follows:

  • First offense: Written warning
  • $50.00 for a first offense occurring within twelve months of the written warning
  • $100.00 for a second offense occurring within twelve months of the first offense
  • $200.00 for a third offense occurring within twelve months of the second offense, and for each subsequent offense occurring within twelve months of the immediately prior offense

 

Milk, produce, meat, and cold products need plastic bags to protect them from sweating. Will I still be able to get plastic bags for these items?

Yes. Plastic bags for these types of products will still be available.

I take my single-use plastic bags back to the grocery store to discard in established recycle bins. Is this considered a proper disposal method?

Yes. Customers may recycle plastic bags at stores that offer this service.


Associated Documents