Lower Merion Plastic Bag Ban On Wednesday's Commissioner Agenda

LOWER MERION TOWNSHIP, PA — Lower Merion's leaders will further discuss the proposed single-use plastic bag ordinance Wednesday night.

The Lower Merion Township Board of Commissioners will vote on advertising the ordinance during their regular meeting Wednesday night.

The meeting will take place at 7:30 p.m. in the second-floor boardroom of the Township Administration Building.

Advertising the ordinance is part of the meeting's consent calendar, meaning it will be voted on along with a slew of other topics.

A discussion is not necessary on the ordinance, but could happen if any member requests to have a discussion during the Sustainability Committee portion of the meeting.

An outright ban on single use carry-out plastic bags would be in place if the ordinance is adopted.

Additionally, the proposal would levy fees for providing bags made from alternative materials, such as paper.

Customers would eat a 10-cent charge to be given bags in compliance with the ordinance.

This fee is included partly to encourage customers to bring their own reusable bags to businesses.

Places that offer compliant bags can keep the 10-cent fee to help them cover the cost of providing compliant bags.

Establishments that violate the ordinance would first be warned, then issued $100, $200, and $500 fines on the subsequent violations.
The proposal does allow for exceptions, however.

They are:

• bags without handles that are used to deliver perishable items to the point of sale at a commercial establishment, including bags used to package bulk items, contain frozen foods, unwrapped prepared foods & bakery goods, produce, meat, and live animals;
• bags used for laundry, dry cleaner, newspaper, or to protect a purchased item from damaging or contaminating other purchased items;
• bags sold in packages containing multiple bags, packaged at time of manufacture, and intended for use as food storage bags, lawn bags, trash or garbage bags, or pet waste bags.

Should it be adopted, the ban would be in effect six months after the ordinance is adopted.

Thirty days after the effective date of the ordinance and for six months thereafter, establishments would be required to post signage informing consumers about the ban and fee.

More than a dozen other Pennsylvania municipalities have adopted similar ordinances.

Haverford Township's ban went into effect in early January, Tredyffrin Township's ban began in March, and Radnor's in late 202.

Philadelphia banned single-use bags about a year ago.

Lower Merion joined several other municipalities in a lawsuit back in 2021 alleging a state measure limiting plastic bag bans was unconstitutional.

However, the preemption prohibiting local regulation of the bags no longer exists after the 2021-22 Pennsylvania budget bill passed without extending the preemption.