[HISTORY: Adopted by the Annual Town Meeting of the Town
of Groton 5-1-2021 ATM by Art.
16. Amendments noted where applicable.]
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Whereas, the Town has a duty to protect the health of its citizens
and the natural environment.
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Whereas, polystyrene, sometimes known by the Dow Chemical Company
brand name of Styrofoam, is a synthetic plastic that biodegrades so
slowly (hundreds of years) it is considered to be nonbiodegradable.
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Whereas, expanded polystyrene containers are not part of the
Town's regular recycling program.
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Whereas, styrene, the key ingredient in expanded polystyrene,
was recently added to the National Toxicology Program's list
of carcinogens (U.S. Department of Health and Human Services) and
can leach from containers into food and beverages.
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Whereas, polystyrene has become a significant component of plastic
debris in the environment, is sometimes mistaken for food by animals,
including marine life, and thereby transfers toxic chemicals into
the food chain.
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Whereas, appropriate alternative products are readily available
from vendors and are already being used by many local businesses.
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This bylaw shall take effect January 1, 2022.
Any food container, disposable cutlery, or other limited
use item provided with food meeting all functional and safety requirements
and not containing polystyrene or other known or emerging environmental
contaminants such as PFAS/PFOA.
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.
A knowing or common use of an item or items restricted by
the bylaw. Common use refers to an item or items that are part of
one's daily use.
Any food service operation that stores, prepares, packages,
serves, vends, or otherwise provides food for human consumption, as
further defined in 105 CMR 590.002, located within the Town of Groton.
Any establishment requiring a permit to operate in accordance with
the Minimum Sanitation Standards for Food Establishment, 105 CMR 590.000
et seq., shall be considered a food establishment for purposes of
this bylaw.
Per- and polyfluoroalkyl substances, a group of man-made
chemicals that includes PFOA, PFOS, GenX, and many other chemicals.
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.
The term also includes products with a polystyrene coating.
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.
Any building, structure, land, or recreational area owned,
leased, or operated by the Town of Groton.
A.
Except as provided herein, food establishments are prohibited from
dispensing prepared food and drink in disposable food service containers
made from polystyrene. All food establishments are required to use
acceptable replacement products for such purposes. All food establishments
are strongly encouraged to use reusable food service containers and
cutlery, and, when possible, biodegradable, compostable alternatives.
Compostable materials must meet ASTM (American Society of the International
Association for Testing and Materials) Standards for compostability.
B.
Town departments or agencies shall not purchase or use disposable
food service containers and/or utensils made from polystyrene while
in the performance of official Town duties within the Town of Groton.
C.
Individuals, contractors, vendors, or other entities shall not use
disposable food service containers and/or utensils made from polystyrene
in a Town facility or Town property while acting or performing under
a Town contract, lease, license, permit, grant, or other agreement.
A.
Any food establishment or Town Department and its agencies may make
a written application to the Board of Health for a variance from this
bylaw.
B.
Every application for a variance is subject to a public hearing.
Notice of the hearing shall be posted as part of a public notice of
the Board of Health meeting at which the application will be considered.
Notice shall be posted no less than two weeks (14 calendar days) before
the meeting.
C.
By vote of a majority of its full authorized membership, the Board
of Health may grant a variance in cases where a suitable biodegradable,
compostable, reusable or recyclable alternative does not exist for
a specific usage, and/or enforcement of this bylaw would cause undue
hardship to that food establishment or Town department.
D.
A variance may be granted for up to six months and extended for like
periods upon submission of a renewal application.
E.
Any variance granted by the Board shall be in writing.
F.
A copy of the variance granted under this section shall be available
for public inspection on the premises for which it is issued.
A.
The Board of Health or its designee shall have primary responsibility
for enforcement of this bylaw. This shall include establishment of
regulations or administrative procedures, inspections, and issuance
of citations for violations.
B.
The Board of Health, after a hearing conducted in accordance with
the procedures set forth in 105 CMR 590.014 and 590.015, may suspend
or revoke the license or permit issued by the Board of Health for
any establishment failing to comply with this bylaw.
C.
A person, individually or by his servant or agent, who violates any
provision of this bylaw may be penalized by a noncriminal disposition
pursuant to MGL C. 40, § 21D, and the Town's noncriminal
disposition bylaw. The following penalties apply:
If any provision of this bylaw or any application thereof is
held to be invalid by a court of competent jurisdiction, the invalidity
shall be limited to said provision(s) and the remainder of the bylaw
shall remain valid and effective.
