[Adopted effective 4-1-2015]
A. 
Findings.
(1) 
Whereas styrene is a synthetic compound often used to make rubber, plastic, insulation, fiberglass, pipes, automobile parts, carpet backing and disposable food containers. [Note: Agency for Toxic Substances & Disease Registry, (2011), Toxic Substances Portal (Styrene). Retrieved from: http://www.atsdr.cdc.gov/substances/ oxsubstance.asp?toxid=74].
(2) 
Whereas published in the National Toxicology Program's 12th Report on Carcinogens (2011), styrene, a key ingredient in polystyrene and expanded polystyrene, is reasonably anticipated to be a human carcinogen. [Note: National Toxicology Program (NTP) (2011), 12th Report on Carcinogens (RoC) {Substance Profile (Styrene)}. Retrieved from: http://ntp.niehs.nih.gov/pubhealth/roc/roc12/ index.html].
(3) 
Whereas styrene exposure can occur through smoking, inhalation of indoor air, and ingestion of food. [Note: National Toxicology Program (NTP) (2011), 12th Report on Carcinogens (RoC) {Substance Profile (Styrene)}. Retrieved from: http://ntp.niehs.nih.gov/pubhealth/roc/roc12/index.html].
(4) 
Whereas styrene seeps out of polystyrene containers and into warm food and drink, causing a recommendation against microwaving polystyrene food containers. [Note: The Way To Go (2008), Polystyrene Fact Sheets. Retrieved from: http://isites.harvard.edu/fs/docs/icb.topic967858.files/PolystyreneFactSheets.pdf].
(5) 
Whereas in a study concerning the migration of styrene in polystyrene cups to hot drinks, it was determined that the concentration of styrene monomer found in the drinks was above the Environmental Protection Agency recommended levels, including the Maximum Contaminant Level Goal (MCLG) standard. [Note: Informa Healthcare (2009), Toxicology Mechanisms and Methods (Determination of migration monomer styrene from GPPS (general purpose polystyrene) and HIPS (high impact polystyrene) cups to hot drinks). Retrieved from: http://informahealthcare.com/doi/abs/10.1080/15376510802510299].
(6) 
Whereas the amount of styrene monomer migration from polystyrene into hot drinks was dependent on the temperature and fat content of the drinks. [Note: Informa Healthcare (2009), Toxicology Mechanisms and Methods (Determination of migration monomer styrene from GPPS (general purpose polystyrene) and HIPS (high impact polystyrene) cups to hot drinks). Retrieved from: http://informahealthcare.com/doi/abs/10.1080/15376510802510299].
(7) 
Whereas exposure to styrene vapor can cause irritations of the eyes, nose, throat, and skin, as well as toxic effects on the liver, and can act as a depressant on the central nervous system that also causes neurological impairment. [Note: Informa Healthcare (2009), Toxicology Mechanisms and Methods (Determination of migration monomer styrene from GPPS (general purpose polystyrene) and HIPS (high impact polystyrene) cups to hot drinks). Retrieved from: http://informahealthcare.com/doi/abs/10.1080/15376510802510299].
(8) 
Whereas potential effects of styrene exposure during its production can cause eye and mucosal irritations and gastrointestinal issues. Possible effects on the central nervous system include headache, weakness, fatigue, depression, general dysfunction, hearing loss and peripheral neuropathy. [Note: Environmental Protection Agency (EPA) (2000), Styrene. Retrieved from: http://www.epa.gov/tto/atw/hlthef/styrene.html].
(9) 
Whereas workers with high exposure to styrene showed increased cancer of the lymphohematopoietic system and possibly related mortality, as well as increased levels of DNA adducts and genetic damage to lymphocytes. [Note: National Toxicology Program (NTP) (2011), 12th Report on Carcinogens (RoC) (Substance Profile (Styrene). Retrieved from: http://ntp.niehs.nih.gov/pubhealth/roc/roc12/ index.html].
(10) 
Whereas occupational studies concerning styrene have shown risks for workers for lymphohematopoietic cancers, such as leukemia and lymphoma, and genetic damage in the white blood cells, or lymphocytes, as well as increased risks for pancreatic and esophageal cancers. [Note: National Toxicology Program (NTP) (2011), 12th Report on Carcinogens (RoC) (Fact Sheet (Styrene). Retrieved from: http://ntp.niehs.nih.gov/pubhealth/roc/roc12/index.html].
(11) 
Whereas styrene has caused lung tumors in mice. [Note: National Toxicology Program (NTP) (2011), 12th Report on Carcinogens (RoC) (Fact Sheet (Styrene). Retrieved from: http://ntp.niehs.nih.gov/pubhealth/roc/roc12/index.html].
(12) 
Whereas benzene, a component of polystyrene, is a known carcinogen and enters the body through the respiratory system and skin contact. [Note: The Way To Go (2008), Polystyrene Fact Sheets. Retrieved from: http://isites.harvard.edu/fs/docs/icb.topic967858.files/PolystyreneFactSheets.pdf].
(13) 
Whereas polystyrene is a harm to the environment. It makes up a considerable amount of debris in cities, and is harmful to the marine wildlife that it often arrives in. [Note: The Way To Go (2008), Polystyrene Fact Sheets. Retrieved from: http://isites.harvard.edu/fs/docs/icb.topic967858.files/PolystyreneFactSheets.pdf].
(14) 
Whereas the environmental impacts of polystyrene rank second behind aluminum for total environmental impacts, especially in energy consumption and greenhouse gas effects. [Note: The Way To Go (2008), Polystyrene Fact Sheets. Retrieved from: http://isites.harvard.edu/fs/docs/icb.topic967858.files/PolystyreneFact Sheets.pdf].
(15) 
Whereas over 80% of plastic pollution to the ocean comes from urban litter such as polystyrene. [Note: Californians Against Waste (2014), The Problem of Polystyrene. Retrieved from: http://www.cawrecycles.org/issues/plastic_campaign/ polystyrene/problem].
(16) 
Whereas less than 35% of fast food restaurants' waste does not end up in landfills. [Note: Californians Against Waste (2014), Polystyrene Takeout Food Packaging Pollution. Retrieved from: http://www.cawrecycles.org/issues/plastic_campaign/ polystyrene].
(17) 
Whereas polystyrene is not biodegradable and does not easily deteriorate in landfills, taking up more space than paper. [Note: The Way To Go (2008), Polystyrene Fact Sheets. Retrieved from: http://isites.harvard.edu/fs/docs/ cb.topic967858.files/PolystyreneFactSheets.pdf].
(18) 
Whereas programs to recycle polystyrene are expensive, costing thousands of dollars per ton and litter clean-up costs billions. [Note: Californians Against Waste (2014), The Problem of Polystyrene. Retrieved from: http://www.cawrecycles.org/ issues/plastic_campaign/polystyrene/problem].
(19) 
Whereas polystyrene is not recycled because it is not economic to wash, degrease, transport, and store in order to recycle. [Note: The Way To Go (2008), Polystyrene Fact Sheets. Retrieved from: http://isites.harvard.edu/fs/docs/ icb.topic967858.files/PolystyreneFactSheets.pdf].
(20) 
Whereas over 100 American, Canadian, European and Asian cities and towns have enacted a polystyrene ban. [Note: The Way To Go (2008), Polystyrene Fact Sheets. Retrieved from: http://isites.harvard.edu/fs/docs/ icb.topic967858.files/PolystyreneFactSheets.pdf].
B. 
Therefore, it is the intention of the South Hadley Board of Health to prohibit the purchase, sale, distribution and use of any polystyrene disposable food container used to serve prepared food in a food establishment.
This regulation is promulgated to the authority granted to the South Hadley Board of Health by MGL c. 111, § 31 that "boards of health may make reasonable health regulations."
For the purpose of this regulation, the following words shall have the following meanings:
DISPOSABLE FOOD CONTAINER
Single-use disposable containers used for the purpose of serving and transporting prepared, and ready-to-consume food or beverages. This includes but is not limited to plates, cups, bowls, trays, and hinged or lidded containers. This does not include single-use packaging for unprepared food, nor single-use items such as disposable straws, cup lids, or utensils.
EXPANDED POLYSTYRENE (EPS)
Polystyrene that has been expanded or "blown" using a gaseous blowing agent into a solid form.
FOOD ESTABLISHMENT
An operation that stores, prepares, packages, serves, vends or otherwise provides food for human consumption, as further defined in 105 CMR 590.002. Any establishment requiring a permit to operate in accordance with the State Food Code, 105 CMR 590.000 et seq., shall be considered a food establishment for purposes of this Board of Health regulation.
POLYSTYRENE
Can also be referred to as "Styrofoam," a trademarked brand owned by the Dow Chemical Company. A type of expanded polystyrene, a thermoplastic petrochemical material 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). "Polystyrene" also refers to clear or solid polystyrene, also known as "oriented polystyrene."
PREPARED FOOD
Food and beverage prepared on the food provider's premises for consumption using any food preparation or cooking technique. This does not include unprepared food such as uncooked raw meat, fish or eggs unless provided for consumption without further food preparation.
STYRENE
A colorless, flammable liquid, characterized with a sweet odor and high volatility. This industrial chemical is used to make polystyrene.
No food establishment shall use disposable food containers made from polystyrene or expanded polystyrene to provide prepared food to customers. No person shall purchase, offer for purchase, sell, give away, or distribute any polystyrene disposable food container from a food establishment.
A. 
It shall be the responsibility of the establishment, state food code permit holder and/or his or her business agent to ensure compliance with this regulation pertaining to the prohibition of his or her distribution of polystyrene disposable food containers in the establishment.
B. 
The violator shall receive:
(1) 
In the case of a first violation, a fine of $100.
(2) 
In the case of a second violation within 36 months of the date of the current violation, a fine of $200 and the state food code permit shall be suspended for seven consecutive business days.
(3) 
In the case of three or more violations within a thirty-six-month period, a fine of $300 and the state food code permit shall be suspended for 30 consecutive business days.
Upon written request to the South Hadley Board of Health and demonstration of how this regulation would cause undue hardship to the food establishment, such establishment may receive temporary deferment of this regulation to its operation for up to one year. Food establishments may apply to the deferment process in accordance with the following:
A. 
An application for deferment must include all information necessary for the Board of Health to make its decision, including but not limited to documentation showing the factual support of undue hardship for the claimed deferment. "Undue hardship" is defined as a situation unique to the food establishment in which there are no reasonable alternatives to the use of polystyrene and expanded polystyrene disposable food containers and compliance with this regulation would create significant economic hardship for the food establishment and its operators. The Board of Health may request additional documentation from the applicant to make a decision regarding deferment.
B. 
A food establishment that receives deferment must reapply prior to the end of that period and continue to demonstrate undue hardship if its operators seek to continue their deferment. Deferments may only be granted for periods of up to one year.
C. 
The Board of Health may approve the deferment with or without conditions. All deferment applications are final and effective immediately.
Whoever violates any provision of this regulation may be penalized by the noncriminal method of disposition as provided in MGL c. 40, § 21D or by filing a criminal complaint at the appropriate venue. Each day any violation exists shall be deemed to be a separate offense.
A. 
Enforcement of this regulation shall be by the South Hadley Board of Health or its designated agent(s).
B. 
Any person who desires to register a complaint pursuant to the regulation may do so by contacting the South Hadley Board of Health or its designated agent(s) and the Board shall investigate.
If any provision of these regulations is declared invalid or unenforceable, the other provisions shall not be affected thereby but shall continue in full force and effect.
This regulation shall take effect on April 1, 2015.