[HISTORY: Adopted by the Board of Selectmen of the Town of
Winchester 10-15-1990 (§ 157
of the prior compilation). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
following meanings:
Means that the food vendor, food packager, nonprofit food
provider, restaurant or retail food vendor shall source separate and
remove the food packaging from the solid waste and shall cause the
recycling of the packaging, in an organized manner, into another usable
product, thus preventing the package from being disposed of in a landfill,
by burning or littering. At a minimum, the food vendor, food packager,
nonprofit food provider, restaurant or retail food vendor must monthly
demonstrate that at least 50% from December 1, 1990 to November 30,
1991, 60% from December 1, 1991 to November 30, 1992, and 75% from
December 1, 1992 and thereafter of said total packaging utilized is
being recycled, including demonstration of an ongoing collection and
delivery of such packaging materials to an established recycling facility.
This includes in the total that packaging being used within the premises
as well as that taken from the premises.
Any person purchasing or being provided with food or beverages
from a restaurant or retail food vendor or nonprofit food provider.
Any person, located within the Town of Winchester, who places
meat, eggs, bakery products, produce or other food in packaging materials
for the purpose of retail sale of those products within the Town of
Winchester.
Any restaurant or retail food vendor.
A recognized tax-exempt organization which provides food
as part of its services.
Any establishment located within the Town of Winchester selling
prepared food to be consumed, including sidewalk food vendors.
Any store, shop, sales outlet, grocery store, delicatessen
or other establishment located within the Town of Winchester which
sells food.
A.
Prohibitions.
(1)
No restaurant, retail food vendor or nonprofit food provider shall
serve food, and no retail food vendor or food packager shall package
food for sale, to consumers in polystyrene packaging unless such restaurant,
retail food vendor, nonprofit food provider or food packager shall
demonstrate to an official designated by the municipality that they
are engaged in a comprehensive effort to recycle the polystyrene packaging
materials which it generates.
(2)
No restaurant, retail food vendor or nonprofit food provider shall
serve food, and no retail food vendor or food packager shall package
food for display, storage or transportation within the Town of Winchester
or sale to consumers in polyvinyl chloride packaging.
(3)
No restaurant, retail food vendor, nonprofit provider or food packager
shall serve, sell, provide or give eating utensils or food containers
which contain polyvinyl chloride to any consumer.
B.
Exceptions.
(1)
This section shall not apply to the use of polystyrene packaging
for the display, storage or transportation of raw meat, poultry or
fish.
(2)
This section shall not apply to any flexible transparent covering
for uncooked or raw meat, poultry, raw fish, hard cheese, cold cuts,
fruit and vegetable produce, baked goods or bread.
Failure to comply with § 294-2 of this chapter shall be punishable by a fine of not more than $100 for each day such violation continues to exist and such violator shall be prohibited from using polystyrene packaging in a manner consistent with other provisions of this chapter.
If any part or provision of this chapter or the application
thereof to any person, entity or circumstances be adjudged invalid
by any court of competent jurisdiction, such judgment shall be confined
in its operation to the part or provision of the chapter or application
directly involved in the controversy in which such judgment shall
have been rendered and shall not affect or impair the validity of
the remainder of this chapter or the application thereof to other
persons, entities or circumstances.
This chapter shall take effect on December 1, 1990.
