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Attorney General approves Concord water bottle ban

By: Frank Antosiewicz

September 5, 2012

CONCORD, MASS. (Sept. 5, 2:25 p.m. ET) — A ban on the sale of PET single-serve water bottles in Concord can go into effect on Jan. 1, according to the state Attorney General’s office.

The amendment to the town’s bylaws was approved 403-364 at Town Meeting in April, but had to undergo a review by the AG’s office prior to implementation. A similar ban was passed in 2010, but later overturned by the AG’s office as being unenforceable.

The AG’s letter to the town said the office does not agree or disagree with the policy, but rather noted that it is consistent with state and federal law. It also said that it does not foreclose later court challenges to the bylaw.

The ban states that PET non-sparkling unflavored drinking water in one liter bottles or less cannot be sold in Concord beginning Jan. 1. It said that the first violation would result in a warning, with a $25 fine for the next, and a $50 fine for each subsequent violation.

There is also a provision for an exemption to the ban that can be enacted during emergencies.