[Adopted 12-2-2019 by Order No. 2020-21]
This article may be cited as the "Sustainable Food Containers
and Packaging Ordinance" of the City of Melrose.
The City Council hereby finds that the prohibition on the use
of foam polystyrene food and packaging containers by food service
establishments and the sale or use of these products by any business
in the City of Melrose is a public purpose that protects the public
health, welfare and environment, advances solid waste reduction, protects
waterways and aids the City in its fight against climate change.
The following words shall, unless the context clearly requires
otherwise, have the following meanings:
That which is entirely made of organic materials such as
wood, paper, bagasse or cellulose; or bioplastics that meet the American
Society for Testing and Materials (ASTM) D7081 standard for biodegradable
plastics in the marine environment or any other standard that may
be developed specifically for an aquatic environment and are clearly
labeled with the applicable standard.
Bioplastic materials certified to meet the American Society
for Testing and Materials International Standards D6400 or D6868,
as those standards may be amended. ASTM D6400 is the specification
for plastics designed for compostability in municipal or industrial
aerobic composting facilities. D6868 is the specification for aerobic
compostability of plastics used as coatings on a compostable substrate.
Compostable materials shall also include products that conform to
ASTM or other third-party standards (such as Vincotte) for home composting.
Any compostable product must be clearly labeled with the applicable
standard on the product.
The Melrose Board of Health of the City of Melrose.
The Director of the Board of Health of the City of Melrose.
All food and beverage containers, bowls, plates, trays, cartons,
cups, designed for one-time or nondurable uses on or in which any
food vendor directly places or packages prepared foods on the food
provider's premises or which are used to consume foods. This includes,
but is not limited to, food service ware for takeout foods and leftover
food from partially consumed meals prepared at food establishments.
A nonbiodegradable petrochemical thermoplastic made from
aerated forms of polystyrene and includes several methods of manufacture.
Expanded polystyrene (EPS) or extruded polystyrene (XPS) are forms
of polystyrene. "Styrofoam" is a Dow Chemical Co. trademarked form
of extruded polystyrene and is commonly used to refer to foam polystyrene.
These are generally used to make insulated cups, bowls, trays, clamshell
containers, meat trays, foam packing materials and egg cartons. The
products are sometimes recognized by a No. 6 resin code on the bottom.
A business or governmental establishment that stores, prepares,
packages, serves, vends, or otherwise provides food for human consumption,
including but not limited to any establishment requiring a permit
to operate in accordance with the state food code.
Polystyrene foam used to hold, cushion, or protect items
packed in a container for shipping, transport, or storage. This includes,
without limitation, packing "peanuts" and shipping boxes, coolers,
ice chests, or similar containers made, in whole or in part, from
polystyrene foam that is not wholly encapsulated or encased within
a more durable material.
Any food or beverage packaged or prepared for consumption
on the food provider's premises, using any cooking or food preparation
technique or provided for further food preparation.
Refers to material that can be sorted, cleansed, and reconstituted
using Melrose's curbside municipal collection programs 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 business establishment engaged in the retail sale of goods
directly to consumers.
Refers to products that will be used more than once in its
same form by a food establishment. Reusable food service ware includes
tableware, flatware, food or beverage containers, packages or trays,
such as, but not limited to, soft drink bottles and milk containers
that are designed to be returned to the distributor.
A nonbiodegradable petrochemical thermoplastic made from
a nonaerated form of polystyrene. Also known as "oriented polystyrene,"
the material is generally clear or solid in appearance and is used
to make clear clamshell containers, cups, plates, straws, lids and
utensils. The products are sometimes recognized by a No. 6 resin code
on the bottom.
A.
Food establishments are prohibited from dispensing food or beverages
to any person in disposable food containers made from foam or rigid
polystyrene.
B.
All food establishments are strongly encouraged to use reusable food
service ware in place of using disposable food service ware for all
food served on the premises. Food establishments using any disposable
food service ware are strongly encouraged to use biodegradable, compostable,
reusable or recyclable food service ware.
C.
Retail establishments are prohibited from selling or distributing
disposable food containers made from foam or rigid polystyrene to
customers.
D.
Retail establishments are prohibited from selling or distributing
polystyrene foam or rigid packing material to customers.
[Amended 6-24-2020 by Order No. 2020-119; 4-5-2021 by Order No. 2021-97]
This article shall take effect for any food establishment or
retail establishment with an interior finished floor area of more
than 8,000 square feet on January 1, 2022. It shall thereafter take
effect for all other food establishments and retail establishments
on July 1, 2022.
A.
Fine. Any food or retail establishment which violates any provision
of this article or any regulation established by the Director shall
be liable for a fine as follows: first offense, warning; second offense,
$100; and subsequent offenses, $100. Each day a violation continues
shall constitute a separate offense.
B.
Whoever violates any provision of this article or any regulation
established by the Director may be penalized by a noncriminal disposition
as provided in MGL c. 40, § 21D.
C.
This article shall be enforced by the Director of the Health Department
or his or her designee.
Each separate provision of this article shall be deemed independent
of all other provisions herein, and if any provision of this article
be declared to be invalid by a court of competent jurisdiction, the
remaining provisions of this article shall remain valid and enforceable.
