[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 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.
The following words shall, unless the context clearly requires otherwise, have the following meanings:
CHECK-OUT BAG
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.
DEPARTMENT
The Whitman Health Department.
HEALTH AGENT
The Health Agent for the Whitman Board of Health or their designee.
RECYCLABLE PAPER BAG
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. 
The word "recyclable" or a symbol identifying the bag as recyclable; and
B. 
A label identifying the bag as being made from post-consumer recycled content and the percentage of post-consumer recycled content in the bag.
REUSABLE CHECK-OUT BAG
A sewn bag with stitched handles that is specifically designed for multiple reuse and that:
A. 
Can carry 25 pounds over a distance of 300 feet;
B. 
Is machine washable; and
C. 
Either:
(1) 
Made of natural fibers (such as cotton or linen).
(2) 
Made of durable, nontoxic plastic other than polyethylene or polyvinyl chloride that is generally considered a food-grade material that is more than four mils thick.
RETAIL ESTABLISHMENT
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.
A. 
No retail establishment in the Town Of Whitman shall provide thin-film, single-use plastic check-out bags to customers.
B. 
If a retail establishment provides or sells check-out bags to customers, the bags must be one of the following:
(1) 
Recyclable paper bag; or
(2) 
Reusable check-out bag.
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.
C. 
The following penalties shall apply:
(1) 
A fine of $50 shall apply for the first violation following the issuance of a written warning notice.
(2) 
A fine of $100 shall apply for the second violation and each additional violation of this bylaw after the issuance of a written warning notice.
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:
A. 
The requirements of this section would cause undue hardship; or
B. 
A retail establishment requires additional time to draw down an existing inventory of thin-film, single-use check-out plastic bags.
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:
DISPOSABLE FOOD CONTAINER
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.
FOOD ESTABLISHMENT
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.
EXPANDED POLYSTYRENE
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).
PREPARED FOOD
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.
C. 
The following penalties shall apply:
(1) 
A fine of $50 shall apply for the first violation following the issuance of a written warning notice.
(2) 
A fine of $100 shall apply for the second violation and each additional violation of this bylaw after the issuance of a written warning notice.
D. 
Fines shall be cumulative and each day on which a violation occurs shall constitute a separate offense.
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.