This bylaw is enacted pursuant to the general police power in order to protect the health, safety and welfare of the inhabitants of the Town.
[HISTORY: Adopted by the Town Meeting of the Town of Lanesborough as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-8-2021 ATM by Art. 22]
This bylaw shall take effect on July 1, 2018.
A.
Expanded polystyrene and single-use plastic food containers form a significant portion of the solid waste stream going into our landfills. Local landfills are running out of room; our future solid waste may have to be transported hundreds of miles to a landfill at considerable cost.
B.
Expanded polystyrene food containers are not recyclable, nor are they biodegradable. Once buried in our landfills, they will persist for centuries.
C.
Styrene, the key ingredient in expanded polystyrene, was recently added to the National Toxicology Program's list of carcinogens (U.S. Department of Health and Human Services). Styrene can leach from polystyrene containers into food and beverages.
D.
Many communities in the United States have banned expanded polystyrene food containers, including Seattle WA, Freeport Maine, Great Barrington MA and Nantucket MA.
E.
Numerous Town food establishments have already stopped using expanded polystyrene food containers and plastic containers for health and sustainability reasons, and have instead used paper and/or cardboard containers.
F.
Appropriate alternative and sustainable products are readily available from the vendors used by local food establishments; cooperative bulk buying arrangements are possible.
G.
Thus, elimination of expanded polystyrene and plastic food containers is in the best interest of the health and welfare of Town inhabitants.
As used in this bylaw, the following terms shall have the meanings indicated:
Single-use disposable products for serving or transporting prepared, ready-to-consume food or beverages. This includes but is not limited to plates, cups, bowls, trays and hinged or lidded containers. This definition does not include single-use disposable items such as straws, cup lids, or utensils, nor does it include single-use disposable packaging for unprepared foods.
Polystyrene that has been expanded or "blown" using a gaseous blowing agent into a solid 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.
Expanded polystyrene which is a thermoplastic petrochemical material 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 "polystyrene" also includes clear or solid polystyrene which is known as "oriented polystyrene".
Any food or beverage prepared for consumption on the food establishment's premises, using any cooking or food preparation technique. This does not include any raw uncooked meat, fish or eggs unless provided for consumption without further food preparation.
Any building, structure, land or park owned or operated by the Town of Lanesborough, its agents and departments.
All persons, societies, associations, organizations or special event promoters who require a permission to use a Town facility. Town facility users also includes concession contracts with the Town, Town-managed concessions, Town-sponsored events and food services provided at the Town's expense.
A.
Except as provided herein, food establishments are prohibited from dispensing prepared food to customers in disposable food service containers made from expanded polystyrene or plastic.
B.
Town facility users are prohibited from dispensing prepared food to customers in disposable food service containers made from expanded polystyrene or plastic.
Upon written application, the Board of Health, which shall have the authority to enforce this bylaw, after a public hearing, may defer application of this bylaw for a food establishment for a one-year period, upon a showing by the food establishment that the conditions of this bylaw would cause undue hardship. For purposes of this bylaw, an "undue hardship" is a situation unique to the food establishment where there are no reasonable alternatives to the use of expanded polystyrene or plastic disposable food service containers and compliance with this provision would cause significant economic hardship to that food establishment.
[Adopted 6-8-2021 ATM by Art. 22]
A.
Whereas, the Town has a duty to protect the natural environment, the economy, and the health of its citizens; and
B.
Whereas, the production and use of single-use bags have significant impacts on the environment, including, but not limited to:
C.
Whereas, plastic bags are made from fossil fuels, a nonrenewable resource; and
D.
Whereas, the manufacture, use, and disposal of plastic bags and paper bags requires substantial energy consumption and contributes to greenhouse gases and other adverse environmental effects; and
E.
Whereas, plastic bags are not biodegradable or compostable, and are commonly not recycled; and
F.
Whereas, single-use paper and plastic bags create a burden to solid waste collection and recycling facilities; and
G.
Whereas, the costs associated with the use and distribution of single-use paper and plastic bags are borne by retail establishments and passed on to the customer; and
H.
Whereas, affordable, ecologically responsible alternatives, including reusable bags, are readily available from numerous sources and vendors; and
I.
Whereas, over 100 municipalities throughout the United States, Canada, Europe, Africa, Latin America, and Asia have placed restrictions on and/or fees for carryout bags, including Brookline, Great Barrington, Manchester, Newton, Provincetown in Massachusetts, as well as Los Angeles, CA; Boulder, CO; Washington, DC; Dallas, TX; and Seattle, WA;
J.
Now, therefore, the Town of Lanesborough hereby enacts the following bylaw to regulate the use of plastic carryout bags and paper carryout bags within the Town and to promote the use of reusable bags.
The following words and phrases shall, unless the context clearly indicates otherwise, have the following meanings:
The American Society for Testing and Materials (ASTM) International "Standard Specification for Compostable Plastics", which includes those plastics and products made from plastics that are designed to be composted under aerobic conditions in municipal and industrial aerobic composting facilities.
Materials that will completely degrade and return to nature, i.e., decompose into elements found in nature within a reasonably short period of time after customary disposal.
A bag provided by a retail establishment to a customer at the point of sale for the purpose of removing products purchased therein.
A plastic bag that 1) conforms to the current ASTM D6400 specifications for compostability; and 2) is certified and labeled as meeting the ASTM D6400 standard specifications by a recognized verification entity. A plastic bag that is made of polyethylene, polyethylene terephthalate, polyvinyl chloride, polypropylene, or nylon is not deemed "compostable."
Any person purchasing goods from a retail establishment.
A plastic bag that conforms to the current ASTM standard specification for marine degradability. A plastic bag that is made of polyethylene, polyethylene terephthalate, polyvinyl chloride, polypropylene, or nylon is not deemed "marine degradable."
Any natural person, firm, corporation, partnership, or other organization or group however organized.
A material that would otherwise be destined for solid waste disposal, having completed its intended end use and product life cycle.
A bag used by a consumer inside a retail establishment to:
Contain bulk items, such as produce, nuts, grains, candy, or small hardware items;
Contain or wrap meat, fish, or frozen foods, whether or not prepackaged;
Contain or wrap flowers, potted plants, or other items to prevent moisture damage to other purchases; or
Contain unwrapped prepared foods or bakery goods.
Material that can be sorted, cleansed, and reconstituted using available recycling collection programs in the Town of Lanesborough 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.
A paper bag that meets all of the following requirements:
Any commercial business facility that sells goods and/or services 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.
A carryout bag that is specifically designed and manufactured for multiple reuse and meets the requirements of § 38-10 of this article.
Those bags, with or without handles, constructed of a film of high-density polyethylene (HDPE), low-density polyethylene (LDPE), linear low-density polyethylene (LLDPE), polyvinyl chloride (PVC), polyethylene terephthalate (PET), polypropylene (other than woven and non-woven polypropylene fabric) if said film is less than 4.0 mils (0.1016 mm) in thickness and which do not meet the ASTM D6400 standard specifications.
A.
No retail establishment in the Town of Lanesborough shall provide single-use plastic bags to customers.
B.
If a retail establishment provides carryout bags, produce bags, or product bags to customers, the bags must be one of the following:
C.
Nothing in this bylaw prohibits customers from using bags of any type that they bring to the retail establishment themselves or from carrying away goods that are not placed in a bag, in lieu of using bags provided by the retail establishment.
D.
This regulation does not apply to bags used by a nonprofit corporation or other charity to distribute food, grocery products, clothing, or other household items to clients.
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 G.L. c. 40, § 21D. Each day of violation, after written notice, is a separate violation.
D.
The Town may suspend, revoke or deny any license or permit for violations of this bylaw.