[Adopted 4-14-2020 ATM
by Art. 32]
This bylaw is enacted for the purpose of eliminating the automatic
distribution of single-use plastic straws and stirrers by all business
establishments in the Town of Mansfield, except upon individual customer
request. The production and use of single-use plastic straws and stirrers
have significant impacts on the environment, including, but not limited
to: contributing to pollution of our land and ocean environments;
creating a burden to solid waste collection and recycling facilities;
entering storm drains that lead to waterways leading to the ocean
causing the harm and potential death of marine animals through ingestion;
and requiring the use of millions of barrels of crude oil nationally
for their manufacture.
BUSINESS ESTABLISHMENT
Means the following businesses as defined in the Mansfield
Zoning Bylaw: a retail store; supermarket; general department store;
restaurant; and take-out restaurant serving liquid, slurry, frozen,
semi-frozen, or other forms of beverages to the public for consumption,
not including nursing homes or nursing care or assisted living facilities
or doctors or nurses or emergency medical technicians providing straws
to patients.
PLASTIC BEVERAGE STRAW
Means a tube made predominantly of plastic derived from either
petroleum or a biologically based polymer, such as corn or other plant
sources, for transferring a beverage from its container to the mouth
of the drinker. "Plastic beverage straw" includes compostable and
biodegradable petroleum or biologically based polymer straws, but
does not include straws that are made from nonplastic materials, such
as, but not limited to, paper, sugar cane, hay, and bamboo.
PLASTIC STIRRER
Means a device that is used to mix beverages, intended for
only one-time use, and made predominantly of plastic derived from
either petroleum or a biologically based polymer, such as corn or
other plant source. "Plastic stirrer" includes compostable and biodegradable
petroleum or biologically based polymer stirrers, but does not include
stirrers that are made from nonplastic materials, such as, but not
limited to, paper, sugar cane, and bamboo.
TOWN-SPONSORED EVENT
Means any event organized or sponsored by the Town of Mansfield
or any department of the Town of Mansfield.
[Adopted 4-14-2020 ATM
by Art. 33]
This bylaw is enacted for the purpose of eliminating the distribution
of polystyrene containers by all food establishments in the Town of
Mansfield:
A. Whereas, the Town has a duty to protect the health of its citizens
and the natural environment.
B. Whereas, Styrofoam is the brand name for polystyrene (Dow Chemical
Co.), a synthetic plastic that biodegrades so slowly (hundreds of
years) it is considered to be nonbiodegradable.
C. Whereas, expanded polystyrene containers are not part of the Town's
regular recycling program.
D. Whereas, styrene, the key ingredient in expanded polystyrene, was
recently added to the National Toxicology Program's list of carcinogens
(United States Department of Health and Human Services). Styrene can
leach from polystyrene containers into food and beverages. It has
become a major component of plastic debris in the ocean and animals
often mistake it for food. It is also hazardous to marine life, transferring
toxic chemicals to the food chain.
E. Whereas, several communities in Massachusetts have banned disposable
food service containers, including Amherst, Brookline, Chelmsford,
Great Barrington, Nantucket, Somerville, South Hadley, Williamstown
as well as major cities such as Los Angeles, Chicago, Miami Beach,
New York City, Portland, and Seattle. This bylaw is patterned after
similar ones enacted in Massachusetts.
F. Whereas, appropriate alternative products are readily available from
vendors and are already being used by many of our businesses.
This bylaw shall take effect January 1, 2021.
DISPOSABLE FOOD SERVICE CONTAINER
Shall mean single-use disposable products for serving or
transporting prepared, ready-to-consume food or beverages, including,
without limitation, take-out foods and/or leftovers from partially
consumed meals prepared by a food establishment. This includes, but
is not limited to plates, cups, bowls, trays, hinged or lidded containers,
cups, lids, straws, and utensils. It does not include single-use disposable
packaging for unprepared foods.
EXPANDED POLYSTYRENE
Shall mean blown polystyrene (polystyrene that has been expanded
or blown using a gaseous blowing agent into a solid foam) and expanded
and extruded forms, 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), injection molding, form molding, and extrusion
blow molding (extruded foam polystyrene). The term also includes clear
or solid polystyrene, which is also known as "oriented," or referenced
in this bylaw as "rigid polystyrene." Rigid polystyrene is generally
used to make clear clamshell containers, lids, and cutlery.
FINEABLE OFFENSE
Is defined as a knowing common use of item or items restricted
by the bylaw. Common use refers to item or items that are part of
one's normal or daily use.
FOOD ESTABLISHMENT
Shall mean any operation that stores, prepares, packages,
serves, vends, or otherwise provides food for human consumption, as
further defined in 105CMR 590.002. Any establishment requiring a permit
to operate in accordance with the State Food Code, 105 CMR 590.000,
et seq., shall be considered a food establishment for purposes of
this bylaw.
PREPARED FOOD
Shall mean any food or beverage prepared on the food establishment's
premises using any cooking or food preparation technique. Prepared
food does not include any raw uncooked meat, fish or eggs unless provided
for consumption without further food preparation. Prepared food may
be eaten on or off the food establishment's premises.
TOWN FACILITY
Shall mean any building, structure, land, or recreational
area owned, leased, or operated by the Town of Mansfield.