City of Bangor, ME Chapter 217 Polystyrene

[HISTORY: Adopted by the City Council of the City of Bangor 5-13-2019 by Ord. No. 17-104. Amendments noted where applicable.]

§ 217-1 Findings and purpose.

A. Polystyrene foam is a petroleum-based, lightweight plastic material sometimes used as food service ware by retail food vendors operating in the City of Bangor.

B. The City of Bangor desires to protect the natural environment.

C. There is no economically feasible means of recycling polystyrene foam locally.

D. Disposable food containers made from polystyrene foam constitute a portion of the litter in Bangor's streets, parks and public places that increases City maintenance costs.

E. Polystyrene foam is a common pollutant that fragments into smaller, nonbiodegradable pieces that are ingested by marine life and other wildlife thus harming or killing them.

F. The State of Maine has amended 38 M.R.S.A. Chapter 15-a to prohibit a food establishment, subject to certain exemptions, from processing, preparing, selling or providing food or beverages in or on a disposable food service container that is composed in whole or in part of polystyrene foam.

G. The City's goal is to replace polystyrene foam food containers with reusable, recyclable or compostable alternatives.

H. Such alternatives are readily available.

§ 217-2 Definitions.

As used in the chapter the following terms have the following meanings:

FOOD ESTABLISHMENT

A. A retail, wholesale or other establishment that processes, prepares, sells or provides food or beverages. "Food establishment" includes, but is not limited to:

(1) Convenience stores, restaurants, grocery stores, markets, delicatessens and retailers of merchandise and dry goods that sell or provide food or beverages to consumers;

(2) Food pantries, churches, community organizations, meals on wheels programs, catered events, seasonal or temporary businesses such as agricultural fairs and farmers' markets and events that provide food or beverages without charge; and

[Amended 4-14-2020 by Ord. No. 20-096]

(3) Any place that manufactures, processes, prepares, bottles, packages, handles or stores food or beverages for retail or wholesale sale.

(4) Hospitals, public and private schools, correctional facilities, boarding homes, retirement homes, independent living facilities, and workplace eating establishments.

[Added 4-14-2020 by Ord. No. 20-096]

(5) Marijuana stores.

[Added 4-14-2020 by Ord. No. 20-096[1]]

FOOD SERVICE CONTAINER

A container, bowl, plate, tray, carton, cup, lid, sleeve, stirrer or other item designed to be used to contain, transport, serve or consume prepared foods and beverages.

POLYSTYRENE FOAM

Blown polystyrene and expanded or extruded foams using a styrene monomer.

[1] Editor's Note: This ordinance also repealed former Subsection B, which immediately followed and set forth exceptions to the definition of "food establishment."

§ 217-3 Prohibited acts.

A. A food establishment may not process, prepare, sell or provide food or beverages in or on a disposable food service container that is composed in whole or in part of polystyrene foam.

B. The City shall not use polystyrene foam food service containers at any City facility or City-sponsored event.

C. No City department or facility shall purchase or acquire polystyrene foam food service containers.

D. All parties who contract with the City shall be prohibited from using polystyrene foam food service containers in City facilities or on City-funded projects within the City.

§ 217-4 Exemptions.

Notwithstanding § 266-3, a food establishment may:

A. In an emergency for the immediate preservation of public health or safety, as determined by the City Manager until January 1, 2023, process, prepare, sell or provide food or beverages in or on a disposable food service container that is composed in whole or in part of polystyrene foam. As of January 1, 2023, the determination shall be made by the applicable department of the State of Maine;

[Amended 12-20-2021 by Ord. No. 22-046]

B. Sell or provide food or beverages in or on a disposable food service container that is composed in whole or in part of polystyrene foam that a consumer brings to the food establishment; and

C. Sell at retail food or beverages in or on a disposable food service container that is composed in whole or in part of polystyrene foam that the food establishment purchases prepackaged at wholesale.

§ 217-5 Violations and penalties; enforcement.

A. The City Manager or their designee(s) shall have the primary responsibility for enforcement of this chapter. If the City Manager or their designee(s) determine(s) that a violation of this chapter has occurred, they may issue a written warning giving notice to the food vendor that a violation has occurred. Subsequent violations of the chapter may be subject to the penalties set forth below.

[Amended 12-20-2021 by Ord. No. 22-046]

B. Violations of this chapter shall be punishable by fines as follows:

(1) A fine not less than $100 nor more than $250 for the first violation in a one-year period;

(2) A fine not less than $250 nor more than $500 for the second and each subsequent violation in a one-year period.

C. Violations of this chapter may also be punished by the denial, suspension, or revocation of a food establishment's business license in accordance with Chapter 85 of this Code.

[Added 4-14-2020 by Ord. No. 20-096]

§ 217-6 Effective date.

A. This chapter shall become effective on January 1, 2020.

§ 217-7 Severability.

If any part or provision of this chapter or the application thereof to any person or circumstances is held invalid, the remainder of the chapter, including the application of such part or provision to other persons or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this chapter are severable.