[Adopted 5-5-2014 ATM
by Art. 28]
The production and use of thin-film, single-use checkout bags
have been shown to have significant detrimental impacts on the environment,
including, but not limited to, contributing to the potential death
of marine animals through ingestion and entanglement; contributing
to pollution of the land environment; creating a burden to solid waste
collection and recycling facilities; clogging storm drainage systems;
and requiring the use of millions of barrels of crude oil nationally
for their manufacture. The purpose of this bylaw is to eliminate the
usage of thin-film, single-use plastic bags by all retail establishments
in the Town of Marblehead thereby promoting the health and safety
of the citizens of the Town through the preservation of the environment.
The following words shall, unless context clearly indicates
otherwise, have the following meanings:
ASTM D6400
The American Society for Testing and Materials (ASTM) International
"Standard Specification for Compostable Plastics" which includes those
plastics and products made from plastics that are designed to be composted
under aerobic conditions in municipal and industrial aerobic composting
facilities.
ASTM D7081
ASTM International "Standard Specification for Biodegradable
Plastics in the Marine Environment" which includes those plastics
and products that are designed to be biodegradable under the marine
environmental conditions of aerobic marine waters or anaerobic marine
sediments, or both.
CARRYOUT BAG
A bag provided by a store to a customer at the point of sale
for the purpose of removing products purchased therein. Carryout bags
shall not include those bags, whether plastic or not, intended for
the use by a customer for placing loose produce or other bulk food
items to carry to the point of sale or checkout area of the store.
COMPOSTABLE PLASTIC BAG
A plastic bag that (1) conforms to the current ASTM D6400
specifications for compostability; (2) is certified and labeled as
meeting the ASTM D6400 standard specifications by a recognized verification
entity.
DIRECTOR
The Director of Public Health or the Director's designee.
RETAIL ESTABLISHMENT
Any commercial business facility that sells goods directly
to the consumer including but not limited to grocery stores, pharmacies,
liquor stores, "mini-marts," and retail stores and vendors selling
clothing, food and personal items.
REUSABLE BAG
A bag with handles that is specifically designed for multiple
reuse and is either made of cloth or other washable fabric; or made
of durable plastic three mils in thickness, or of some other durable
material; does not contain lead, cadmium, or any other heavy metal
in toxic amounts.
THIN-FILM, SINGLE-USE PLASTIC BAGS
Those bags typically with handles, constructed of high-density
polyethylene (HDPE), low-density polyethylene (LDPE), linear low-density
polyethylene (LLDPE), polyvinyl chloride (PVC), polyethylene terephthalate
(PET), polypropylene (other than woven and non-woven polypropylene
fabric) if said film is less than 3.0 mils (0.0762mm) in thickness
and which do not meet the ASTM D6400 and ASTM D7081 standard specifications.
The Board of Health may adopt and periodically amend rules and
regulations to effectuate the purposes of this bylaw. Prior to the
adoption and subsequent amendment to the rules and regulations, if
any, the Board of Health shall hold a public hearing. Notice of the
time and place of the hearing, and of the subject matter, sufficient
for identification, shall be published in a newspaper of general circulation
in the Town once in each of two successive weeks, the first publication
to be not less than 14 days before the day of the hearing. A copy
of the adopted regulations shall be made available at the office of
the Town Clerk and as otherwise deemed appropriate by the Board of
Health. Failure by the Board of Health to promulgate such rules and
regulations shall not have the effect of suspending or invalidating
this bylaw.
[Adopted 5-5-2014 ATM
by Art. 29]
Expanded polystyrene food containers form a significant portion
of the solid waste stream going into our landfills. Local landfills
are running out of room; our future solid waste may need to be transported
hundreds of miles to a landfill at a considerable cost. Expanded polystyrene
is not biodegradable; once buried in a landfill, it will remain for
centuries. The elimination of expanded polystyrene food and beverage
containers is in the best interest of the health and welfare of the
inhabitants of the Town of Marblehead.
As used in this article, the following terms shall have the
meanings indicated:
DISPOSABLE FOOD SERVICE CONTAINER
Single-use disposable products for serving or transporting
prepared, ready-to-consume food or beverages, including, without limitation,
take-out foods and/or leftovers from partially consumed meals prepared
by a restaurant and/or retail food establishment. This includes, but
is not limited to, plates, cups, bowls, trays, hinged or lidded containers,
straws, cup lids, or utensils. It shall not include single-use disposable
packaging for unprepared foods.
EXPANDED POLYSTYRENE
Blown polystyrene (polystyrene that has been expanded or
blown using a gaseous blowing agent into a solid foam) and expanded
and extruded forms, which are thermoplastic petrochemical materials
utilizing a styrene monomer and processed by any number of techniques
including, but not limited to, fusion of polymer spheres (expandable
bead polystyrene), injection molding, form molding, and extrusion-blow
molding (extruded foam polystyrene), sometimes called Styrofoam, a
Dow Chemical Co. trademarked form of polystyrene foam.
PREPARED FOOD
Any food or beverage prepared on the restaurant and/or retail
food establishment's premises using any cooking or food preparation
technique. Prepared food shall not include any raw uncooked meat,
fish or eggs unless provided for consumption without further food
preparation. Prepared food may be eaten on or off the food establishment's
premises.
RESTAURANT
Any establishment which serves food for consumption, whether
on or off the premises, and which may also maintain tables for the
use of its customers.
RETAIL FOOD ESTABLISHMENT
Any establishment which sells food for consumption off the
premises, including but not limited to grocery stores, theaters and
all other food service establishments not included in the definition
of a "restaurant" in this section.
Expanded polystyrene food or beverage containers shall not be
used to package or serve food or beverages by restaurants and/or retail
food establishments within the Town of Marblehead. This bylaw shall
not apply to the packaging of uncooked meat, uncooked poultry, and/or
uncooked fish.
Not later than 60 days following approval hereof by the Attorney
General, the Board of Health shall adopt a list of available suitable
affordable biodegradable/compostable or recyclable alternatives for
each product type, which the Board of Health shall update regularly.
The Board of Health may adopt and periodically amend rules and
regulations to effectuate the purposes of this bylaw. Prior to the
adoption and subsequent amendment to the rules and regulations, if
any, the Board of Health shall hold a public hearing. Notice of the
time and place of the hearing, and of the subject matter, sufficient
for identification, shall be published in a newspaper of general circulation
in the Town once in each of two successive weeks, the first publication
to be not less than 14 days before the day of the hearing. A copy
of the adopted regulations shall be made available at the office of
the Town Clerk and as otherwise deemed appropriate by the Board of
Health. Failure by the Board of Health to promulgate such rules and
regulations shall not have the effect of suspending or invalidating
this bylaw.