[HISTORY: Adopted by the Town Council of the Town of West
Springfield 6-1-2020 Amendments noted where applicable.]
This chapter is enacted pursuant to the general police power
in order to protect the health, safety and welfare of the inhabitants
of the Town of West Springfield.
As used in this chapter, the following terms shall have the
meanings indicated:
Food containers or service ware, including, but not limited
to, plates, bowls, trays, wrappers or wrapping, platters, cartons,
clamshells, condiment containers, cups, drinkware or any other container
in or on which prepared foods are placed or packaged for consumption,
selling, providing, or serving food that are intended by the manufacturer
to be used once for eating or drinking or generally recognized by
the public as items to be discarded after one use.
Any restaurant, food operation, public or private, or any
other place, other than a private residence, where food and drink
are prepared or served, with or without charge for consumption on
or off the premises, including any catering establishment or any eating
place, whether fixed or mobile, restaurant, bar, cafe, cafeteria,
public or private school, hospital, private club, coffee shop, sandwich
stand, or any other type of food service operation.
Blown polystyrene and expanded or extruded foams (also known
by the trademarked name Styrofoam), which are thermoplastic petrochemical
materials utilizing a styrene monomer and processed by any number
of techniques, including, but not limited to, fusion of polymer spheres
(expandable bead polystyrene), injectable molding, foam, molding and
extrusion-blown molding (extruded foam polystyrene).
No food establishment located and doing business within the
Town of West Springfield shall sell or convey food or beverage directly
to consumers within the Town of West Springfield if such food and/or
beverage is placed, packaged, or wrapped in disposable food containers
made from polystyrene foam.
A.
The Board of Health and its agents shall have primary responsibility
for enforcement of this provision and shall have authority to issue
citations for violation(s).
B.
Violations of this chapter shall be enforceable under the noncriminal disposition procedures established by MGL c. 40, § 21D, and adopted set forth in Chapter 1, Article II, of these ordinances. Each day of violation shall constitute a separate offense. The noncriminal disposition penalties for any person violating this chapter shall be no more than:
C.
No more than one penalty may be imposed upon a food establishment
within a seven-day calendar period.
A.
All of the requirements set forth in this chapter shall take effect
within two years of passage. (Note: This chapter was passed by the
Town Council on June 1, 2020. As such, it will take effect June 1,
2022.)
B.
In the event that compliance with the effective date of this chapter
is not feasible for a food establishment because of significant economic
hardship, the Board of Health or its agent may grant a waiver of not
more than one year upon application of the food establishment's
owner or the owner's authorized agent.
(1)
A deferment granted upon the terms herein described may be extended
no more than one additional one-year period, and upon a showing that
the circumstances justifying the deferment continue to exist.
(2)
Such deferment request shall include factual information supporting
the claimed signification economic hardship to permit the Board of
Health or its agent to determine such facts regarding the deferment
application.
(3)
Deferment decisions are effective immediately and final.
It is the intention of this chapter that each separate provision
of this chapter shall be deemed independent of all other provisions
herein, and it is further the intention that if any provision of this
chapter be declared to be invalid by a court of competent jurisdiction,
the remaining provisions of this chapter shall remain valid and enforceable.
