[Adopted 2-4-2019 by Ord.
No. 2019-5]
The purpose of this article is to improve the environment in
Barrington and the health, safety, and welfare of its residents by
banning polystyrene food service and packing materials, which are
not easily recycled and, when littered or discarded, create undesirable
impacts on water quality, stormwater, and wildlife. Furthermore, there
are alternatives that are reusable, recyclable or compostable, which
are already on the market and readily available.
The following words and phrases shall, unless context clearly
indicates otherwise, have the following meanings:
Entirely made of organic materials, such as wood, paper,
bagasse or cellulose; or bioplastics that meet the American Society
for Testing and Materials (ASTM) D7081 Standard for Biodegradable
Plastics in the Marine Environment or any other standard that may
be developed specifically for an aquatic environment and are clearly
labeled with the applicable standard.
Refers to bioplastic materials certified to meet the American
Society for Testing and Materials International Standard D6400 or
D6868, as those standards may be amended. ASTM D6400 is the specification
for plastics designed for compostability in municipal or industrial
aerobic composting facilities. D6868 is the specification for aerobic
compostability of plastics used as coatings on a compostable substrate.
Compostable materials shall also include products that conform to
ASTM or other third-party standards (such as Vincotte) for home composting.
Any compostable product must be clearly labeled with the applicable
standard on the product.
All food and beverage containers, bowls, plates, trays, cartons,
cups, lids, straws, stirrers, forks, spoons, knives, film wrap, and
other items designed for one-time or nondurable uses, on or in which
any food vendor directly places or packages prepared foods or which
are used to consume foods. This includes, but is not limited to, service
ware for take-out foods and leftover food from partially consumed
meals prepared at food establishments.
Any operation, whether or not operating as a commercial establishment
and whether or not operating for a profit, that stores, prepares,
packages, serves, vends, or otherwise provides food for human consumption,
either on a permanent or temporary basis. This includes, without limitation,
restaurants, food trucks, catering services, private clubs, social
groups, grocery stores, public and private school cafeterias, and
any other public or private place or event where food is served.
Polystyrene foam used to hold, cushion, or protect items
packed in a container for shipping, transport, or storage. This includes,
without limitation, packing "peanuts"; and shipping boxes, coolers,
ice chests, or similar containers made, in whole or in part, from
polystyrene foam that is not wholly encapsulated or encased within
a more-durable material.
A plastic often identified with Resin Code 1.
There are two basic forms, foam and rigid polystyrene. Foam
includes, without limitation, blown, expanded (EPS), and extruded
foams such as "Styrofoam®," a Dow Chemical Co. trademarked form
of insulation. Foam polystyrene is generally used to make opaque cups,
bowls, plates, trays, clamshell containers, meat trays and egg cartons.
Rigid or oriented polystyrene is generally used to make clear clamshell
containers, cups, plates, straws, lids and utensils. A plastic often
identified with Resin Code 6.
A plastic often identified with Resin Code 3.
Food or beverages, which are served, packaged, cooked, chopped,
sliced, mixed, bottled, frozen, squeezed or otherwise prepared on
the food establishment's premises within the Town, regardless of whether
they are consumed on or off the premises.
Material that can be sorted, cleansed, and reconstituted
using the Barrington curbside municipal collection programs for the
purpose of using the altered form in the manufacture of a new product.
"Recycling" does not include burning, incinerating, converting, or
otherwise thermally destroying solid waste.
Any commercial business facility that sells goods directly
to the consumer, including, but not limited to, grocery stores, pharmacies,
liquor stores, convenience stores, restaurants, retail stores and
vendors selling clothing, food, and personal items, and dry cleaning
services.
Products that will be used more than once in their same form
by a food establishment. Reusable food service ware includes: tableware,
flatware, food or beverage containers, packages or trays, such as,
but not limited to, soft drink bottles and milk containers that are
designed to be returned to the distributor and customer that are provided
take-out containers. Reusable materials include aluminum and glass.
Reusable also includes cleanable durable containers, packages, or
trays used on premises or returnable containers brought back to the
food establishment.
[Amended 9-9-2019 by Ord.
No. 2019-20]
A.
Food and retail establishments are prohibited from providing or selling
prepared food to any person using polystyrene, polyvinyl chloride
or polyethylene terephthalate food service ware.
B.
Food establishments using any disposable food service ware shall
use biodegradable, compostable, reusable or recyclable food service
ware. All food establishments are strongly encouraged to use reusable
food service ware in place of using disposable food service ware for
all food served on premises.
C.
Food and retail establishments are prohibited from selling or distributing
polystyrene, polyvinyl chloride, or polyethylene terephthalate food
service ware to customers.
D.
All Town facilities, Town-managed concessions, Town-sponsored events,
and Town-permitted events are prohibited from using disposable food
service ware that contains or utilizes polystyrene, polyvinyl chloride
or polyethylene terephthalate.
E.
All disposable food service ware that contains polystyrene, polyvinyl
chloride or polyethylene terephthalate is prohibited on any Town property,
including, but not limited to, any Town beach, Town park, or other
Town recreation area.
A.
No person may sell, offer for sale, or otherwise distribute for compensation
within the Town packing materials, including shipping boxes and packing
peanuts, made, in whole or in part, from polystyrene foam that is
not wholly encapsulated or encased within a more-durable material.
B.
For purposes of this section, "packing materials" shall include using
such materials to hold, cushion, or protect items to be packed in
a container for shipping, transport, or storage (for compensation,
where the packing takes place within the Town).
C.
Notwithstanding the forgoing, this section shall not prohibit:
(1)
Receiving shipments within the Town that include polystyrene foam,
or some other noncompostable and nonrecyclable product, used as packing
material;
(2)
Reusing packing materials (or shipping, transport, or storage within
the same distribution system) where the packing materials are not
sent to a consumer or end user;
(3)
Donating used packing materials to another person, where the donor
receives nothing of value;
(4)
Using packing materials donated under Subsection C(3), where the person using the packing materials receives nothing of value; or
(5)
The sale of goods packaged outside of the Town that are packaged
in packing materials which are wholly incidental to the goods sold,
provided that such goods are not repackaged within the Town.
A.
Foods prepared or packaged outside the Town, provided such food is
not altered or repackaged within the Town, are exempt from the provisions
of this article.
B.
Food establishments and retail establishments will be exempted from
the provisions of this article for specific items or types of disposable
food service ware if the Town Manager or designee finds that a suitable
biodegradable, compostable, reusable, or recyclable alternative does
not exist for a specific application and/or that imposing the requirements
of this article on that item or type of disposable food service ware
would cause undue hardship to the establishment.
C.
Any person or establishment may seek an exemption from the requirements
of this article by filing a request, in writing, with the Town Manager
or designee. The Town Manager or designee may waive any specific requirement
of this article for a period of not more than one year if the establishment
seeking the exemption has demonstrated that strict application of
the specific requirement would cause undue hardship. For purposes
of this article, an "undue hardship" is a situation unique to the
food establishment where there are no reasonable alternatives to the
use of expanded polystyrene disposable food service containers and
compliance with this provision would cause significant economic hardship
to that food establishment. An establishment granted an exemption
must reapply prior to the end of the one-year exemption period and
demonstrate continued undue hardship if the establishment wishes to
have the exemption extended. The decision to grant or deny an exemption
or to grant or deny an extension of a previously issued exemption
shall be in writing and shall be final.
D.
Items necessary for food establishments to comply with the Americans
with Disabilities Act, limited in quantity to reasonably accommodate
individuals with an expressed need for such an accommodation.
A.
This article shall be implemented, administered and enforced by the
Barrington Town Police Department or any other Town department or
division designated by the Town Manager.
B.
Upon being made aware of a potential violation of this article, the
Barrington Town Police Department or other designee shall investigate
and determine whether a violation has occurred.
C.
If the investigation confirms that a violation has occurred, then
the Barrington Town Police Department or other designee shall give
written notice to the owner of the property, the owner's agent, or
the person performing such violation that the violation is occurring
and must stop.
D.
Such notice shall be in writing and may be served upon a person to
whom it is directed, either by delivering it personally to them or
by posting same upon a conspicuous portion of the property and sending
a copy of same by certified mail to the person to whom the notice
is directed.
E.
The owner, the owner's agent, or the person performing the violation
is responsible for confirming, in writing, that the violation has
ceased to the Barrington Town Police Department or other designee
within 14 days of receipt of the notice.
F.
A second violation after the fourteen-day response period of the
first violation and within one year of the receipt of the confirmation
that the violation had ceased shall incur a penalty of $150.
G.
A third violation within one year of the second and any subsequent
violations shall incur a penalty of $300.
H.
Each occurrence of a violation after the first, and each day that
such violation continues, shall constitute a separate violation and
may be cited as such.
Any violation charged under this article may be appealed, in
writing, to the Town Manager within 14 days of receipt of a written
notice of violation. The Town Manager may waive the individual violation
or the requirements of this article on showing of good cause or undue
hardship.
Retail establishments shall comply with the provisions of this
article relating to disposable food service ware and packing materials
no later than July 1, 2019. All other persons or entities subject
to this article shall comply with its provisions no later than January
1, 2020. This article shall become effective upon passage.
