[Adopted 3-25-2019 ATM
by Art. 30]
The purpose of this bylaw is to reduce and eliminate the sale
and distribution of single-use expanded polystyrene (EPS) food serviceware
and packaging in all food establishments, retail stores, and Town
buildings or premises in the Town of Lexington. Due to the use of
petroleum, benzene, styrene and other harmful chemicals in its production,
the manufacturing and improper disposal of EPS could have detrimental
impacts on the environment and human health. After its short-lived
use, EPS is not recyclable in municipal programs, does not degrade
in landfills, persists for hundreds of years and can accumulate in
the environment and wildlife.
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By restricting the sale and distribution of single-use EPS food
serviceware and packaging in Lexington and requiring it to be replaced
with, preferably reusable or compostable products, or non-EPS products,
the bylaw will help protect public health and the natural environment,
waterways and wildlife.
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Products that are made entirely of organic materials, such
as wood, paper, bagasse, cellulose or plant-based plastic that meet
the American Society for Testing and Materials (ATSM) International
Standard D6400, or its replacement, or that are certified compostable
by the Biodegradable Products Institute (BPI).
A type of petroleum-based plastic often referred to as "foam"
or "Styrofoam." It is not recyclable in local municipal programs.
Common examples of EPS include clamshell food containers, plates,
coffee cups and meat or produce trays. EPS products are usually marked
with the abbreviation "PS" or a "6" inside the chasing arrows recycling
symbol.
Any operation that stores, prepares, packages, serves, vends
or otherwise provides food for human consumption, as further defined
in the State Food Code, 105 CMR 590.001.
Serviceware and packaging typically provided by food establishments,
retail stores, and in Town buildings or premises, including but not
limited to cups, plates, bowls, trays, clamshells, and other food
and beverage containers, meat, fish, and produce trays, egg cartons
and beverage coolers.
An establishment that offers the sale and display of merchandise
within a building.
Products that are cleanable and durable and which can be
used more than once in their same form.
A building or land owned or used by the Town for municipal
or school purposes.
A.Â
Except as expressly set forth in this bylaw, EPS food serviceware
and packaging shall not be distributed or sold at food establishments,
retail stores, or Town buildings or premises with a floor area of
10,000 square feet or more in the Town of Lexington on or after January
1, 2020. EPS food serviceware and packaging shall not be distributed
or sold at food establishments, retail stores, or Town buildings or
premises with a floor area of less than 10,000 square feet in the
Town of Lexington on or after July 1, 2020.
B.Â
Businesses and organizations currently selling or distributing EPS
food serviceware and packaging materials are strongly encouraged to
replace them with reusable or compostable food serviceware and compostable
packaging materials.
In the event that compliance with this bylaw is not feasible
by January 1, 2020, for a food establishment, retail store, or a Town
building or premises, (or by July 1, 2020, for food establishment
or retail store or a Town building or premises with a floor area less
than 10,000 square feet), because of either unavailability of alternative
food serviceware and packaging or economic hardship, the Town Manager
or Town Manager's designee may grant a waiver of not more than
six months upon application of the owner or owner's representative.
The Town Manager or Town Manager's designee may provide one additional
six-month waiver upon showing of continued infeasibility or hardship,
as set forth above.
Enforcement of this bylaw shall be the responsibility of the Town Manager or Town Manager's designee. The Town Manager or Town Manager's designee shall determine the inspection process to be followed, incorporating the process into other Town duties as appropriate. Any food establishment, retail store, or Town building or premises selling or distributing EPS Food Serviceware or Packaging in violation of this bylaw shall be subject to a noncriminal disposition fine as specified in § 1-6 of the Town Bylaws under MGL c. 40, § 21D. Any such fines shall be paid to the Town of Lexington.
