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Haverhill, MA Single-Use Items: Plastic Bag Rules (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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?
No. § 173-10B(1) requires that any checkout bag a retail establishment hands out at the point of sale be either a recyclable bag or a reusable bag; plain single-use plastic bags no longer qualify.
Which businesses are covered by Haverhill's bag rule?
Any retail establishment selling merchandise directly to customers, including restaurants, pharmacies, grocery and convenience stores, liquor stores and jewelry stores. Bazaars run by nonprofits, outdoor farmer's markets, and stores under 3,000 square feet of interior finished floor area are excluded.
What happens if a Haverhill store keeps using banned bags?
The Department of Inspectional Services issues a warning for the first violation. A repeat violation within a year draws a notice of violation and a fine: $100 for the first penalized offense, $200 for the second, and $300 for the third and every one after, with no more than one penalty charged per seven-day period.
Can a store get out of the requirement?
The Director of Inspectional Services may grant a six-month exemption for undue hardship, such as no reasonable substitute bag being available or the need to draw down an existing inventory of plastic bags, but the store must file monthly inventory reports while the exemption runs.

Sources & Official References

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