Sep. 18—As the owner of three businesses in Madrid, Hugh Hackett has prepared for what he described as a “speed bump in the retail road,” swapping plastic bags for paper ones.
A Santa Fe County ordinance will take effect Monday largely prohibiting the use of single-use plastic and expanded polystyrene products across retail stores and restaurants in unincorporated areas, meaning operators who use plastic bags will have to switch or face penalties.
“We will be ready to switch over,” Hackett said. “It’s well intentioned, and it’s not the end of the world to use paper bags.”
The county is following the lead of the city of Santa Fe, which enacted a single-use plastic bag ban in 2015, though it did not ban plastic foam containers. County commissioners passed the ordinance in March, giving businesses six months to phase out single-use plastic bags and styrofoam products.
The ordinance represents an attempt by the county to cut down on plastic pollution in Northern New Mexico and follows a report estimating county residents use 24 million single-use plastic bags per year, according to a news release. It has prompted a mixed response from the business community, which includes at least 80 stores, gas stations and restaurants in the unincorporated areas that will have to comply with the ban.
Penalties for noncompliance include a fine of up to $50 for a first offense; up to $150 for a second offense; and up to $300 “and/or” up to three days in jail for third and subsequent offenses, according to a media release.
While Commissioner Justine Greene supports the intent of the ordinance and voted for it, he said he did not want jail time to be a part of the penalty and he wanted the county buy bulk materials to make it affordable and easy for restaurants to comply.
“I thought that the aspect that somebody could go to jail for this seemed a little extreme, but in general, the fines were the right way to go,” he said in an interview.
As a commissioner, he said he helped get the ordinance down to three days in jail as a penalty, or a $300 fine. He said that, when the ordinance was proposed, up to 30 days behind bars was floated as a penalty.
“I still think three days is unnecessary in a world of violent crime and a lot of public safety issues. Single-use plastic is not the priority to put people in an expensive jail cell,” Greene said.
Hackett, who owns Maggie’s Dinner in Madrid, said he is “a little tired” of paper bags in the supermarkets because they are more prone to ripping and tearing under the strain of cartons of milk than plastic bags.
“I suppose more and more we are going to have to learn like the old days to bring our own shopping bags and just get used to using those as well. I’m certainly not down on it. It’s a slight inconvenience,” he said.
The ordinance outlines a handful of exceptions to the ban, such as bags used for newspaper deliveries or to package restaurant takeout with a high liquid content. The ordinance also does not apply to “businesses owned by tribal entities operating on tribal land,” county spokesperson Olivia Romo wrote in an email.
“Protecting our rural environments and cultural landscapes is a priority for Santa Fe County, and we are confident that businesses can navigate the fiscal challenges posed by the plastics ban through innovative solutions,” Romo wrote. “By adopting strategies such as bulk purchasing, collaborating on creative approaches, and implementing a modest packaging fee for consumers, businesses can continue to thrive while supporting sustainability.”
Environmental advocates and about a dozen residents in March praised the county’s decision during a public hearing on the ordinance, calling it a necessary step to address plastic pollution.
A copy of the ordinance provides multiple letters from people who support the general intent of the ban, including Murphy O’Brien, the owner of Cafe Fina.
“I instituted these practices in my restaurant business several years ago, including paper cups and takeaway boxes,” O’Brien wrote. “While there is some cost increase incorporated in product pricing, it is a cost we must pay to be better stewards of our environment. I believe my customers support this practice.”
