[Adopted 10-15-2018 ATM
by Art. 22]
This bylaw is enacted for the purpose of eliminating the distribution
of polystyrene containers by all food establishments in the Town of
Chelmsford:
A.
Whereas, the Town has a duty to protect the health of its citizens
and the natural environment.
B.
Whereas, Styrofoam is the brand name for polystyrene (Dow Chemical
Co.), a synthetic plastic that biodegrades so slowly (hundreds of
years) it is considered to be nonbiodegradable.
C.
Whereas, expanded polystyrene containers are not part of the Town's
regular recycling program.
D.
Whereas, styrene, the key ingredient in expanded polystyrene, was
recently added to the National Toxicology Program's list of carcinogens
(United States Department of Health and Human Services). Styrene can
leach from polystyrene containers into food and beverages. It has
become a major component of plastic debris in the ocean and animals
often mistake it for food. It is also hazardous to marine life, transferring
toxic chemicals to the food chain.
E.
Whereas, several communities in Massachusetts have banned disposable
food service containers, including Amherst, Brookline, Great Barrington,
Nantucket, Somerville, South Hadley, Williamstown as well as major
cities such as Los Angeles, Chicago, Miami Beach, New York City, Portland,
and Seattle. This bylaw is patterned after similar ones enacted in
Massachusetts.
F.
Whereas, appropriate alternative products are readily available from
vendors and are already being used by many of our businesses.
This bylaw shall take effect July 1, 2019.
Shall mean 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 food establishment. This includes, but
is not limited to plates, cups, bowls, trays, hinged or lidded containers,
cups, lids, straws, and utensils. It does not include single-use disposable
packaging for unprepared foods.
Shall mean 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). The term also includes clear
or solid polystyrene, which is also known as "oriented," or referenced
in this bylaw as "rigid polystyrene." Rigid polystyrene is generally
used to make clear clamshell containers, lids, and cutlery.
Is defined as a knowing common use of item or items restricted
by the bylaw. Common use refers to item or items that are part of
one's normal or daily use.
Shall mean any 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.
Shall mean any food or beverage prepared on the food establishment's
premises using any cooking or food preparation technique. Prepared
food does 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.
Shall mean any building, structure, land, or recreational
area owned, leased, or operated by the Town of Chelmsford.
A.
Except as provided herein, food establishments are prohibited from
dispensing prepared food and drink in disposable food service containers
made from expanded polystyrene. All food establishments are strongly
encouraged to use reusable food service containers and cutlery, and
when possible biodegradable, compostable alternatives. Compostable
materials must meet ASTM (American Society of the International Association
for Testing and Materials) Standards for compostability.
B.
Town departments or agencies shall not purchase or use disposable
food service containers made from expanded polystyrene while in the
performance of official Town duties.
C.
Individuals, contractors, vendors, or other entities shall not use
disposable food service containers made from expanded polystyrene
in a Town facility or Town property while acting or performing under
a Town contract, lease, license, permit, grant, or other agreement.
D.
Nothing in this section shall prohibit someone from purchasing or
using said containers for personal use, nor shall it prohibit any
individual from purchasing or using said containers for a private
function or when serving food on property owned by that person.
A.
Any food establishment or Town Department and its agencies may make
a written application to the Board of Health for a variance from this
bylaw.
B.
Every application for a variance is subject to a public hearing.
Notice of the hearing shall be posted as part of a public notice of
the Board of Health meeting at which the application will be considered.
Notice shall be posted no less than 48 hours before the meeting.
C.
By vote of a majority of its full authorized membership, the Board
of Health may grant a variance in cases where a suitable biodegradable,
compostable, reusable or recyclable alternative does not exist for
a specific usage, and/or enforcement of this bylaw would cause undue
hardship to that food establishment or Town Department.
D.
A variance may be granted for up to six months and extended for like
periods upon submission of a renewal application.
E.
Any variance granted by the Board shall be in writing.
F.
A copy of the variance granted under this section shall be available
for public inspection on the premises for which it is issued.
A.
Enforcement. The Board of Health or its designee shall have primary
responsibility for enforcement of this bylaw. This shall include:
establishment of regulations or administrative procedures, inspections,
and issuance of citations for violations.
B.
Penalty for violation.
(1)
Whoever violates any provision of this bylaw shall be punished
as follows: first offense: $100; second offense: $200; third and subsequent
offenses: $300 for each offense.
(2)
Offenses occurring within two years of the date of first reported
offense will be considered as subsequent offenses. Each day or portion
thereof shall constitute a separate offense. Nothing contained herein
shall preclude the Board of Health from seeking equitable relief to
enforce this bylaw.
C.
Noncriminal disposition. In addition to the procedure for enforcement
as described above, the provisions of this bylaw may also be enforced
by noncriminal disposition, as provided in Massachusetts General Laws,
Chapter 40, § 21D. The penalty for such violation shall
be $25 for the first offense, $50 for the second offense, and $100
for the third and each subsequent offense.
D.
Hearing to suspend or revoke license or permit. The Board of Health,
after a hearing conducted in accordance with the procedures set forth
in 105 CMR 590.14 and CMR 590.15, may suspend or revoke the license
or permit for any establishment failing to comply with this bylaw.
