The purpose of this bylaw is to reduce the number of single-use plastic check-out bags that are distributed and used in the Town of Whitman and to promote the use of reusable bags.
[HISTORY: Adopted by the Town Meeting of the Town of Whitman as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-2-2021 ATM by Art. 36, AG approved 9-24-2021, eff. 10-6-2021]
The following words shall, unless the context clearly requires otherwise, have the following meanings:
A bag provided by the store to a customer at the point of sale. Check-out bags shall not include bags, whether plastic or not, in which loose products or produce are placed by the consumer to deliver such items to the point of sale or check-out area of the store.
The Whitman Health Department.
The Health Agent for the Whitman Board of Health or their designee.
A paper bag that is 100% recyclable and contains at least 40% post-consumer recycled content and displays in a visible manner on the outside of the bag:
A sewn bag with stitched handles that is specifically designed for multiple reuse and that:
Any business facility that sells good directly to the consumer whether for or not for profit, including, but not limited to, retail stores, restaurants, pharmacies, convenience and grocery stores, liquor stores, seasonal and temporary businesses.
Thin-film plastic bags typically without handles which are used to contain newspapers, produce, meat, bulk foods, wet items, dry cleaning and other similar merchandise are not prohibited under this bylaw.
A.
The Board of Health and its Health Agent shall have the authority to administer and enforce this bylaw.
B.
For the first violation, the enforcing authority, upon a determination that a violation has occurred, shall issue a written warning notice to the establishment specifying the violation.
D.
Fines shall be cumulative and each day on which a violation occurs shall constitute a separate offense.
This bylaw shall take effect January 1, 2022. The Board may exempt a retail establishment from the requirements of this section for a period of up to six months upon a finding by the Board that:
The Board of Health may adopt and amend rules and regulations to effectuate the purposes of this bylaw.
If any provision of this bylaw is declared invalid or unenforceable the other provisions shall not be affected thereby.
[Adopted 6-2-2021 ATM by Art. 37, AG approved 9-24-2021, eff. 10-6-2021]
The purpose of this bylaw is to reduce the use of polystyrene in the Town of Whitman.
The following words shall, unless the context clearly requires otherwise, have the following meanings:
Single-use disposable products for serving or transporting prepared, ready-to-consume food or beverages, including, without limitation, takeout 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. It does not include single-use disposable packaging for unprepared foods.
Any operation that stores, prepares, packages, serves, vends or otherwise provides food for human consumption, as further defined in 105 CMR 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 the purposes of this bylaw.
Blown polystyrene (polystyrene that has been expanded or blown using a gaseous blowing agent into a solid form) and expanded and extruded forms, which 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).
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.
Food establishments are prohibited from dispensing prepared food to customers in disposable food service containers made from expanded polystyrene.
A.
The Board of Health and its Health Agent shall have the authority to administer and enforce this bylaw.
B.
For the first violation, the enforcing authority, upon a determination that a violation has occurred, shall issue a written warning notice to the establishment specifying the violation.
D.
Fines shall be cumulative and each day on which a violation occurs shall constitute a separate offense.
This bylaw shall take effect January 1, 2022.
The Board of Health may adopt and amend rules and regulations to effectuate the purposes of this bylaw.
f any provision of this bylaw is declared invalid or unenforceable the other provisions shall not be affected thereby.