[Adopted 10-18-2016 STM,
Art. 18]
A.
Expanded polystyrene food and beverage containers form a significant
portion of the solid waste stream going into our transfer station.
Expanded polystyrene food and beverage containers are not biodegradable.
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 Dennis.
B.
This bylaw shall take effect 12 months following the effective date
of the bylaw to allow time for restaurants and retail food establishments
to use their existing inventory of expanded polystyrene food or beverage
containers and to convert to alternative materials.
As used in this article, the following terms shall have the
meanings indicated:
Single-use disposable products for serving or transporting
prepared 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.
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.
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 bylaw.
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.
Expanded polystyrene food or beverage containers shall not be
used as disposable food service containers by food establishments
within the Town of Dennis. This bylaw only applies for prepared food
or beverage, and 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.
A.
This bylaw may be enforced by any Town police officer, enforcement
officers or agents of the Board of Health.
B.
This bylaw may be enforced through any lawful means in law or in
equity, including, but not limited to, noncriminal disposition pursuant
to MGL c. 40, § 21D, and the appropriate chapter of the
General Bylaws of the Town of Dennis. If noncriminal disposition is
elected by the Select Board in its enforcement policies, then any
establishment which violates any provision of this bylaw shall be
subject to the following penalties.
[Amended 10-3-2020 STM by Art. 12]
C.
Subsequent offenses shall be determined as offenses occurring within
two years of the date of the first noticed offense. Each day or portion
thereof shall constitute a separate offense.
D.
The Board of Health, after a hearing conducted in accordance with
the procedures set forth in 105 CMR 590.14 and 590.15, may suspend
or revoke the food service permit for any food establishment failing
to comply with this bylaw.
