[HISTORY: Adopted by the Town of Chatham 5-13-2019 ATM by Art. 65. Amendments noted where
applicable.]
A.
The purpose of this bylaw is to protect the health and welfare of
Town inhabitants because these products have significant impacts on
the marine and land environment, when recycled the only byproducts
are toxic wastes, and require the use of millions of barrels of nonrenewable
fossil fuel in their manufacture.
B.
BIODEGRADABLE PACKAGING
DISPOSABLE FOOD SERVICE CONTAINER
EXPANDED POLYSTYRENE (EPS)
FOOD ESTABLISHMENT
POLYSTYRENE
PREPARED FOOD
Definitions:
Any packaging other than plastic or Styrofoam.
Single-use disposable products for serving or transporting
prepared, ready-to-consume food or beverage. This includes but is
not limited to plates, cups, bowls, trays and hinged or lidded containers.
This definition does not include single use disposable utensils, nor
does it include single-use disposable packaging for unprepared foods.
Polystyrene that has been expanded or "blown" using a gaseous
agent into a solid foam.
An operation that stores, prepares, packages, severs, 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 590.00 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).
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.
C.
Effective January 1, 2020, a food establishment is prohibited from
dispensing prepared food to customers in disposable food service containers
that are made in whole or part from polystyrene.
D.
Effective January 1, 2020, all packaging added to merchandise of
any type being removed from an establishment shall use biodegradable
packaging to the maximum extent reasonably practicable.
E.
This bylaw shall not apply to:
(1)
Polystyrene foam insulation used in the construction industry.
(2)
Polystyrene foam used as moorings.
[Amended 5-14-2022 ATM by Art. 45]
(3)
Polystyrene foam coolers.
(4)
Loose-fill polystyrene foam packaging reused from shipments originating
outside Chatham.
(5)
Items in the original manufacturer's packaging.
G.
Any Town police officer or agent of the Board of Health shall be
an enforcing authority for purposes of this bylaw.
