[HISTORY: Adopted by the Town Meeting of the Town of Lee
as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-12-2016 ATM
by Art. 46]
WHEREAS, the Town has a duty to protect the natural environment,
the economy, and the health of its citizens; and
WHEREAS, the production and use of thin-film shopping bags have
significant impacts on the environment, including, but not limited
to:
• contributing to pollution of the land environment and
waterways;
• contributing to the potential death of terrestrial and
marine wildlife;
• clogging storm drainage systems and accumulating in wastewater
systems;
• littering the Town's streets, parks, public spaces,
and local waterways; and
WHEREAS, thin-film shopping bags are made from nonrenewable
fossil fuels and are nonessential; and
WHEREAS, thin-film shopping bags are neither biodegradable nor
compostable; and
WHEREAS, thin-film shopping bags cannot be recycled through
curb-side waste collection and are often not otherwise recycled; and
WHEREAS, some of the waste generated in Lee ends up in landfills
in other municipalities, with the potential for thin-film shopping
bags to litter the surrounding areas; and
WHEREAS, the costs associated with the use and distribution
of thin-film shopping bags are borne by retail establishments and
passed on to customers; and
WHEREAS, thin-film shopping bags can be a source of endocrine
disruptors having potential health impacts; and
WHEREAS, affordable, environmentally responsible alternatives,
including reusable shopping bags and bags made of bioplastic materials,
are readily available from numerous sources and vendors; and
WHEREAS, tourism is vital to Lee's economy and an increasing
number of municipalities whose residents recreate in the Berkshires
because of its natural beauty and pristine environmental image have
acted to reduce the use of thin-film shopping bags; and
WHEREAS, numerous neighboring communities and others in our
region have acted or are in the process of acting to reduce the use
of thin-film shopping bags; and
WHEREAS, one-size-fits-all bills regulating thin-film shopping
bags have been introduced in the legislature, and Lee still has the
opportunity to tailor a bylaw to its needs and desires; and
WHEREAS, many establishments in Lee do not use thin-film shopping
bags and many residents have also stopped using them;
NOW THEREFORE, the Town of Lee hereby enacts the following article
to regulate the use of thin-film shopping bags within the Town and
to promote the use of reusable bags.
Substances made from renewable, organic, biomass sources,
living organisms and their residues, such as agricultural by products,
vegetable fats and oils, corn starch, or microbiota, rather than fossil
fuels. For purposes of this article, bags made of bioplastic materials
must be compostable.
Conforming to the most current ASTM D6400 standard for compostability.
Any operation that provides goods, including food and/or
beverages, and/or services directly to consumers, with or without
charge; sporadic, temporary, part- or full-time; commercial, nonprofit,
religious, educational, foundation-related, or governmental; whether
on private, public, religious, or school property. Examples include,
without limitation, grocery stores, pharmacies, liquor stores, convenience
stores, restaurants, retail stores, farmers' markets, school
or church fund-raising activities, or other events.
Any of various lightweight thermoplastic resins made by polymerizing
ethylene, a flammable hydrocarbon gas primarily occurring in natural
gas, coal gas, and crude oil chiefly used for plastic bags, food containers,
and other packaging.
Bags used by customers to package bulk items, such as fruit,
vegetables, nuts, grains, candy, hardware, pharmacy, or other items;
contain or wrap fresh or frozen foods, including meat, or fish, whether
pre-packaged or not; or contain or wrap flowers, potted plants, or
other items where dampness may be a problem. These bags are typically
thinner than plastic carryout bags and generally do not have handles.
Paper bags with or without handles provided at the check
stand, cash register, point of sale, or other point of departure for
the purpose of transporting food or merchandise from the establishment
and that (1) are one-hundred-percent recyclable, (2) contain a minimum
of 40% postconsumer recycled paper content, and (3) have all the following
information printed in a visible manner on the outside of the bag:
the word "recyclable," the name and country of the manufacturer, and
the percentage of post-consumer recycled paper content.
Sewn bags with stitched handles that (1) are specifically
designed and manufactured for multiple reuse; (2) can comfortably
carry 25 pounds over a distance of 300 feet; (3) can hold a minimum
of 15 liters; (4) can be readily washed or disinfected by hand or
machine; and, (5) are made of either (a) natural fibers (such as cotton
or linen); or (b) durable, nontoxic plastic other than polyethylene
or polyvinyl chloride that is generally considered a food-grade material
and is more than four mils thick. The following information must be
printed in a visible manner on the outside of the bags or on permanent
tags: the name of the distributor or manufacturer; the country of
manufacture; a true statement that the bag does not contain lead,
cadmium, or other heavy metals in toxic amounts; the percent of post-consumer
recycled material used in the bag, if any; and a statement recommending
regular cleaning or disinfection.
[Amended 10-27-2016 STM
by Art. 5]
Bags provided at the checkout stand, cash register, point
of sale, or other point of departure for the purpose of transporting
food or merchandise from the establishment that have handles, are
made of polyethylene or other plastic, and have a thickness of less
than 4.0 mils.
A.
Nothing in this article prohibits customers from using bags or other
containers of any type that they bring to establishments themselves
or from carrying away goods that are not placed in a bag, in lieu
of using bags or other containers provided by establishments.
B.
Establishments shall be permitted to make available to customers
at the checkout stand, cash register, point of sale, or other point
of departure for the purpose of transporting food or merchandise from
the establishments only reusable shopping bags or recyclable paper
bags as provided in this article or cardboard boxes, with or without
charge.
C.
No establishment shall make available any plastic bags, with or without
a fee, that are made of polyethylene.
D.
Any raw food and bulk item bags made available by establishments
must be made of bioplastic materials; one-hundred-percent recyclable
paper made with at least 40% postconsumer recycled material; FDA-approved
compostable cellophane or other cellulosic material; or compostable
unbleached wax paper made with non-petroleum-based wax.
Not later than 180 days following the adoption of this article,
the Lee Board of Health or its designee shall adopt a list that it
shall periodically update of approved and available alternatives for
each product type, including those cited in this article as well as
any approved additional ones. The approved alternatives shall be (1)
appropriate for the respective product type; (2) consistent with the
other provisions of this article; (3) made of materials that (a) in
the near term may be partially or entirely fossil-fuel based; (b)
are nontoxic according to the then most current research; and (c)
compostable, biodegradable (other than oxo-, hydro-, or thermo-degradable,
and not including materials containing potentially harmful or incompatible
additives for facilitating or accelerating degradation), or recyclable
and/or reusable as established by certified compliance with then current
ASTM standards, if any, or, in their absence, specifications established
by the Board of Health or its designee; and (4) meet such other criteria
as the Board of Health or its designee shall establish from time to
time.
A.
All establishments must provide at the point of sale, free of charge,
either reusable shopping bags or recyclable paper bags, or both, at
the establishment's option, to any customer participating either
in the Special Supplemental Food Program for Women, Infants, and Children
(WIC) pursuant to MGL c. 111, or in the Supplemental Nutrition Assistance
(SNAP) Program pursuant to MGL c. 18, or to any nonprofit corporation
or other charity as defined by MGL c. 12, that distributes food, grocery
products, clothing, or other household items to clients.
B.
The provisions of this article do not apply to bags used by a nonprofit
corporation or other charity as defined by MGL c. 12, to distribute
food, grocery products, clothing, or other household items to clients.
C.
This article does not prevent establishments from selling to customers
various types of plastic bags sold in packages containing multiple
bags intended for personal use.
D.
Establishments will be exempted from the provisions of this article
for so long as the Lee Board of Health or its designee finds that
a suitable alternative does not exist for a specific application.
E.
Upon written request to the Lee Board of Health or its designee and
demonstration of how this article would cause undue hardship to the
establishment, such establishment may receive temporary deferment
of this article to their operation for up to six months. Establishments
may apply to the deferment process in accordance with the following:
(1)
An application for deferment must include all information necessary
for the Lee Board of Health or its designee 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 establishment in which there are no reasonable
alternatives to the use of thin-film shopping bags or to comply with
the requirement that raw food and bulk item bags be made of bioplastic
materials, and compliance with this article, would create significant
economic hardship for the establishment and its operators. The Lee
Board of Health or its designee may request additional documentation
from the applicant to make a decision regarding deferment, which it
may issue with or without conditions. All deferment applications are
final and effective immediately.
(2)
An establishment that receives a 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 two years.
A.
The Lee Board of Health or its designee shall establish and update
rules and regulations to implement this article and shall have the
authority to enforce it by:
B.
Whoever, himself or by his servant or agent or as the servant or
agent of any other person or firm or corporation, violates any of
the provisions of these regulations may be penalized by a noncriminal
disposition process as provided in MGL c. 40, § 21D. Each
day of violation, after written notice, is a separate violation.
D.
The Lee Board of Health or its designee may suspend, revoke, or deny
any license or permit for repeat and flagrant violations of this article.
Each section of this article shall be construed as separate
to the end that if any section, sentence, clause, or phrase thereof
shall be held invalid for any reason, the remainder of this article
and all other bylaws shall continue in full force.
The article shall take effect 12 months after its adoption.
[Adopted 5-12-2016 ATM
by Art. 47]
WHEREAS, the Town has a duty to protect the natural environment,
the economy, and the health of its citizens; and
WHEREAS, styrene, a component of polystyrene, is classified
by the National Toxicology Program (NTP) as "reasonably anticipated
to be a human carcinogen" and also recognized by the NTP as a potential
food and beverage contaminant that may "leach from polystyrene containers
used for food products"; and
WHEREAS, the US Environmental Protection Agency (EPA) states
"that such materials can also have serious impacts on human health,
wildlife, the aquatic environment, and the economy"; and
WHEREAS, polystyrene is made from nonrenewable fossil fuels,
and polystyrene manufacture and disposal requires substantial energy
consumption and contributes to greenhouse gases and other adverse
environmental effects; and
WHEREAS, polystyrene is not biodegradable or compostable, and
cannot be practically recycled; and
WHEREAS, some of the waste generated in Lee ends up in landfills
in other communities, with the potential for polystyrene to litter
the surrounding areas; and
WHEREAS, affordable and effective ways exist to reduce the negative
impacts of polystyrene products through the use of safer, more sustainable,
and environmentally friendly materials; and
WHEREAS, polystyrene disposable food containers constitute a
portion of the litter in Lee's streets, parks, and public places,
thereby adversely affecting the attractiveness of the Town and the
enjoyment of residents and visitors, and requires time, effort, and
expense to clean up; and
WHEREAS, tourism is vital to Lee's economy and an increasing
number of municipalities whose residents recreate in the Berkshires
because of its natural beauty and pristine environmental image have
acted to reduce the use of polystyrene in disposable food containers;
and
WHEREAS, numerous neighboring communities and others in our
region have acted or are in the process of acting to reduce the use
of polystyrene in disposable food containers; and
WHEREAS, one-size-fits-all bills regulating polystyrene have
been introduced in the state legislature, and Lee still has the opportunity
to tailor a bylaw to its needs and desires; and
WHEREAS, some food establishments in Lee have stopped using
polystyrene disposable food containers;
NOW THEREFORE, the Town of Lee hereby enacts this article to
prohibit the use and distribution of foam and rigid polystyrene in
disposable food containers and require the use and distribution of
disposable food containers made of safer, more sustainable, and environmentally
friendly materials.
The following words and phrases shall, unless context clearly
indicates otherwise, have the following meanings:
All containers, bowls, plates, trays, cartons, cups, lids,
and hinged or lidded containers, designed for one-time or nondurable
use that are used by food establishments for heating, storing, packaging,
serving, or transporting prepared or ready-to-consume food or beverages.
This includes any containers used by food establishments to heat,
cook, or store food or beverages prior to serving, regardless of whether
such containers are used to serve such food or beverages.
An operation that, with or without charge, stores, prepares,
packages, serves, vends, or otherwise provides food or beverages for
human consumption, as further defined in 105 CMR 590.000 et seq.,
Massachusetts State Food Code or any other local board of health rules
and regulations shall be considered a food establishment for purposes
of this article. Food establishment shall also include any operation,
sporadic, temporary, part- or full-time; commercial, nonprofit, religious,
educational, foundation-related, or governmental; whether on private,
public, religious, or school property; that, with or without charge,
stores, prepares, packages, serves, vends, or otherwise provides food
or beverages for human consumption. This definition shall not apply
to individual citizens or visitors preparing and serving food or beverages
for personal use.
Blown polystyrene and expanded and extruded foams, 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).
The term also refers to clear or solid polystyrene, also known as
"oriented" or "rigid" polystyrene.
A.
Nothing in this article prohibits customers from using containers
of any type that they bring to food establishments themselves to contain
any food or beverage they are acquiring, nor shall anything in this
article prohibit individual residents or visitors from purchasing
or using disposable food containers made from polystyrene for personal
use.
B.
No food establishment shall use disposable food containers made from
polystyrene to prepare, heat, store, serve, transport, or provide
food or beverages to customers.
Not later than 180 days following the adoption of this article,
the Lee Board of Health or its designee shall adopt a list that it
shall periodically update of approved and available alternatives for
each product type. The approved alternatives shall be (1) appropriate
for the respective product type; (2) consistent with the other provisions
of this article; (3) made of materials that (a) in the near term may
be partially or entirely fossil-fuel based; (b) are nontoxic according
to the then most current research; and (c) compostable, biodegradable
(other than oxo-, hydro-, or thermo-degradable, and not including
materials containing potentially harmful or incompatible additives
for facilitating or accelerating degradation), or recyclable and/or
reusable as established by certified compliance with then current
ASTM standards, if any, or, in their absence, specifications established
by the Board of Health or its designee; and (4) meet such other criteria
as the Board of Health or its designee shall establish from time to
time.
A.
Foods prepared or packaged outside the Town of Lee are also exempt
from the provisions of this article.
B.
This regulation does not prevent retail establishments from selling
to customers various types of products made from polystyrene and sold
in packages containing multiple units intended for personal use.
C.
Food establishments will be exempted from the provisions of this
article for specific items or types of disposable food containers
for so long as the Lee Board of Health or its designee finds that
a suitable alternative does not exist for a specific application.
D.
Upon written request to the Lee Board of Health or its designee and
demonstration of how this article would cause undue hardship to the
food establishment, such food establishment may receive temporary
deferment of this article to their operation for up to six months.
Food establishments may apply to the deferment process in accordance
with the following:
(1)
An application for deferment must include all information necessary
for the Lee Board of Health or its designee 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 disposable food
containers and compliance with this article would create significant
economic hardship for the food establishment and its operators. The
Lee Board of Health or its designee may request additional documentation
from the applicant to make a decision regarding deferment, which it
may issue with or without conditions. All deferment applications are
final and effective immediately.
(2)
A food establishment that receives a 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 two years.
A.
The Lee Board of Health or its designee shall establish and update
rules and regulations to implement this article and shall have the
authority to enforce it by:
B.
Whoever, himself or by his servant or agent or as the servant or
agent of any other person or firm or corporation, violates any of
the provisions of this article may be penalized by a non-criminal
disposition process as provided in MGL c. 40, § 21D. Each
day of violation, after written notice, is a separate violation.
D.
The Lee Board of Health or its designee may suspend, revoke, or deny
any license or permit for repeat and flagrant violations of this article.
Each section of this article shall be construed as separate
to the end that if any section, sentence, clause, or phrase thereof
shall be held invalid for any reason, the remainder of this article
and all other bylaws shall continue in full force.
The article shall take effect 12 months after its adoption.
