Haverhill, MA Single-Use Items: Plastic Bag Rules (2026)
Key Facts
- Governing section
- City Code § 173-10
- Effective date phase-in
- 6-9 months by store size
- Penalty ladder
- $100 / $200 / $300
- Minimum store size covered
- 3,000 sq ft interior floor area
- Enforcing agency
- Dept. of Inspectional Services
- Senior bag benefit
- One free reusable bag within 60 days
Summary
In the City of Haverhill, City Code § 173-10 bars retail establishments from handing out single-use plastic checkout bags: every checkout bag given at the point of sale must be a recyclable paper bag or a reusable bag, enforced by the Department of Inspectional Services with escalating fines for repeat violations.
§ 173-10. Checkout bags. ... B. Requirements. (1) If any retail establishment provides a checkout bag to customers, the bag shall comply with the requirements of being a recyclable bag or a reusable bag. ... C. Enforcement. ... (2) If the City determines that a violation of this section has occurred at or by a retail establishment, such retail establishment shall be penalized by a noncriminal disposition as provided in § 1-16 of the Code. (3) If it is determined that a violation has occurred, the City shall issue a warning notice to the retail establishment for the initial violation. (4) If an additional violation of this section has occurred within one year after a warning notice has been issued for an initial violation, the City shall issue a notice of violation and shall impose a penalty against the retail establishment. (5) The penalty for each violation that occurs after the issuance of the warning notice shall be: (a) For the first offense: $100. (b) For the second offense: $200. (c) For the third offense and each subsequent offense: $300.
Full Breakdown
City Code § 173-10 defines a "checkout bag" as any carryout bag a store provides at the point of sale, but excludes produce bags, laundry or dry-cleaner bags, newspaper bags, and bags used to wrap frozen food, meat or fish. To satisfy the rule, a bag must qualify as either a "recyclable bag," meaning a paper bag that is 100% recyclable including its handles, contains at least 40% post-consumer recycled content, and displays those facts on the outside, or a "reusable bag" built for multiple uses from polyester, polypropylene, cotton or other durable material, or from durable plastic at least 4.0 mils thick.
The rule applies to any "retail establishment" selling goods directly to customers, from restaurants and pharmacies to grocery, liquor and jewelry stores, but exempts nonprofit bazaars and festivals, outdoor farmer's markets, and any store under 3,000 square feet of interior finished floor area. The Department of Inspectional Services enforces the section and may adopt its own regulations to implement it. The requirement phased in by store size: six months from passage for stores over 8,000 square feet, and nine months for stores between 3,000 and 8,000 square feet.
Within 60 days of the effective date, the City had to give every senior citizen resident, as defined in Code § 206-1, one free reusable bag. The Director of Inspectional Services may grant a retail establishment a six-month hardship exemption, but only for a genuine lack of alternatives, a conflict with a legally protected right, or the need to draw down an existing inventory of plastic bags while filing monthly inventory reports.
Violations & Fines
Retail establishments face a written warning for a first offense; a second violation within one year draws formal notice and fine: $100 first, $200 second, and $300 for the third offense and every one after, capped at one penalty per seven-calendar-day period, with 15 days from the notice to pay, enforced by the Department of Inspectional Services under a noncriminal disposition per § 1-16.
Frequently Asked Questions
Can stores in Haverhill still give out plastic checkout bags?
Which businesses are covered by Haverhill's bag rule?
What happens if a Haverhill store keeps using banned bags?
Can a store get out of the requirement?
Sources & Official References
Other rules in Haverhill
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