[HISTORY: Adopted by the 5-7-2018 Annual Town Meeting, Art. 37. Amendments noted where applicable.]
The use and disposal of polystyrene products are proven to have
significant negative impacts on marine and land environments of our
coastal community, including but not limited to:
A.
Contributing to the harm of marine and terrestrial wildlife through
ingestion and entanglement;
B.
Pollution and degradation of the terrestrial and coastal environments;
C.
Human risk through exposure to harmful carcinogens used in the manufacturing
of polystyrene products; and
D.
Disposal burdens for solid waste collection and recycling facilities.
Therefore, the Town of Orleans seeks to protect its natural
resources and the well-being of its residents by prohibiting food
or retail establishments from the distributing single-use disposable
polystyrene containers, and counterparts, through a phase-out period.
As used in this chapter, the following terms shall have the
meanings indicated:
Polystyrene that has been expanded or "blown" using a gaseous
blowing agent into a solid form.
Any operations, including, but not limited to, restaurants,
schools, charitable associations, food trucks, farmer's markets,
concession stands, and other public venues that store, prepare, package,
serve, vend or otherwise provide food for human consumption. Any establishment
requiring a permit to operate in accordance with State Food Code,
105 CMR 590.000 et seq., shall be considered "food establishments"
for the purposes of this bylaw.
Expanded and extruded forms of 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 blown molding (extruded foam polystyrene), sometimes called
Styrofoam, a Dow Chemical Co. trademarked form of polystyrene foam.
Operations such as meeting halls, Town offices, public facilities
and recreation areas.
Any commercial business facility that sells goods directly
to consumers, including, but not limited to, grocery stores, pharmacies,
liquor stores, convenience stores, retail stores and vendors selling
clothing, food, and personal items, dry cleaning services, theaters
and all other food service establishments.
Single-use disposable products for serving or transporting
food or beverages, including, but not limited to, take-out foods and/or
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, and cutlery.
Single-use polystyrene disposable containers and counterparts
shall not be used or distributed as disposable food service containers
and counterparts by food establishments and/or retail establishments
within the Town of Orleans after January 1, 2020. Any stock remaining
after that date shall be recycled or returned to the manufacturer
by the establishment.
The following are exempt and not subject to the provisions of
this article:
1.
Polystyrene packing peanuts and foam packaging used to transport
goods from a manufacturer.
2.
Prepackaged meat and produce trays, egg cartons, and other food or
beverage products used in packaging from the manufacturer for the
purposes of transport
3.
Packaging used for the protection of raw foods, including, but not
limited to, produce or meat/fish products.
4.
Polystyrene insulated foam freezer containers enclosed in durable
rigid plastic.
This bylaw may be enforced by any Town police officer or agent
of the Board of Health.
Any person or establishment violating this chapter shall be
punished by a noncriminal fine of not more than fifty dollars ($50)
for each offense. Each day that such offense continues shall constitute
a separate offense.
