[Adopted 3-25-2019 ATM
by Art. 31]
The purpose of this bylaw is to reduce and eliminate the sale
and distribution of single-use plastic beverage straws and stirrers
in all food establishments, retail stores, and Town Buildings and
Premises in the Town of Lexington. The production and use of single-use
plastic beverage straws and stirrers has detrimental impacts on the
environment, is not recyclable in municipal programs, and requires
the use of fossil fuel for their manufacture.
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By restricting the sale and distribution of single-use plastic
beverage straws and stirrers in Lexington and requiring those products
to be replaced with reusable or compostable products, this 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).
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.
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.
Beverage straws and stirrers made of any type of petroleum-based
plastic that cannot be, or are not compostable and are not intended
to be reusable.
A building or land owned or used by the Town for municipal
or school purposes.
Except as expressly set forth in this bylaw, single-use plastic
beverage straws and stirrers shall not be distributed or sold at food
establishments, retail stores, or Town Buildings and Premises with
a floor area of 10,000 square feet or more in the Town of Lexington
on or after January 1, 2020. Single-use plastic beverage straws and
stirrers shall not be distributed or sold at food establishments,
retail stores, or Town Buildings and Premises with a floor area of
less than 10,000 square feet in the Town of Lexington on or after
July 1, 2020.
A.
In the event that compliance with this bylaw is not feasible by January
1, 2020, for a food establishment or 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 straws
and stirrers 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.
B.
A food establishment or retail store or a Town building or premises
may, when requested and when reusable or compostable straws are either
not feasible or not available, distribute single-use plastic straws
for persons who request such straws for health-related reasons.
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 single-use plastic beverage straws or stirrers 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.
