[Adopted 9-12-2020 by
Art. 55 as Art. XXXVI of the General Bylaws]
A.
Styrene, a component of polystyrene, was classified in 2018 by the
World Health Organization's International Agency for Research on Cancer
(IARC) as Group 2A "probable carcinogen." Multiple peer-reviewed scientific
studies have found that residual styrene from manufacturing can be
leached from polystyrene items during reasonable, common uses —
especially contact with hot, fat-containing, or acidic food or drinks
— in levels that sometimes exceed present World Health Organization
and/or US Environmental Protection Agency standards for styrene in
drinking water.
B.
Furthermore, polystyrene, and especially polystyrene foam, readily
enters the environment, both land and sea, harming wildlife who mistake
it for food, ingest it, and die. Especially in the marine environment,
polystyrene persists for hundreds of years and often fragments into
microplastics, adsorbs and concentrates environmental toxins, and
can enter the food chain when consumed by fish, shellfish, and other
organisms, risking both ecosystem health and potentially contaminating
the human food supply. Polystyrene is made from fossil fuels, which
are nonrenewable resources that contribute to greenhouse gas emissions
and anthropogenic climate change.
C.
Polystyrene is not biodegradable nor compostable nor able to be economically
recycled by our Town.
D.
Less toxic, more durable, reusable, recyclable, biodegradable, and/or
compostable alternatives are readily available for many food service
and other applications, and are affordable and effective ways to reduce
negative health and environmental impacts from the use of polystyrene
items.
E.
Therefore, the purpose of this bylaw is to protect the health of
Town residents and to protect the Town's unique beauty and irreplaceable
natural resources by reducing the use and distribution of disposable
food service ware made from polystyrene and other items made from
unencapsulated foam polystyrene in the Town of Sudbury.
The following words shall have the following meanings for purpose
of this bylaw:
Single-use or disposable products for heating, storing, packaging,
serving, consuming, or transporting prepared or ready-to-consume food
or beverages, including, but not limited to, bowls, plates, trays,
cartons, cups, lids, hinged or lidded containers, spoons, forks and
knives. This includes any containers used by food establishments to
heat, cook, or store food or beverages prior to serving, regardless
of whether such containers are used to serve such food or beverages.
Disposable food service ware also includes any such implements sold
by retail establishments to consumers for personal use.
Polystyrene in the form of a foam or expanded material, processed
by any number of techniques, including, but not limited to, fusion
of polymer spheres (expandable-bead polystyrene), injection molding,
foam molding, and extrusion-blow molding (extruded foam polystyrene).
Any operation that serves, vends or otherwise provides food
or other products to third-parties for consumption and/or use on or
off the premises, whether or not a fee is charged, but not including
the service of food within a home or other private setting. Any facility
requiring a food permit in accordance with the Massachusetts State
Food Code, 105 CMR 590.000 et seq., and/or regulations of the Board
of Health shall be considered a "food establishment" for purposes
of this bylaw.
The health agent for the Sudbury Board of Health or his/her
designee.
Material used to hold, cushion, or protect items packed in
a container for shipping transport or storage.
A synthetic polymer produced by polymerization of styrene
monomer. Polystyrene includes both foam polystyrene and solid polystyrene
as defined in this bylaw. The International Resin Identification Code
assigned to polystyrene materials is 6. Polystyrene items may be identified
by a "6" or "PS," either alone or in combination with other letters.
The regulations and prohibitions relating to polystyrene in this bylaw
are intended to apply regardless of the presence or absence of an
International Resin Identification Code or other identifying marks
on the item.
Food or beverages which are serviced, packaged, cooked, chopped,
sliced, mixed, brewed, frozen, squeezed, or otherwise prepared (collectively
"prepared") for individual customers or consumers. Prepared food does
not include raw eggs or raw, butchered meats, fish, seafood, and/or
poultry.
A store or premises engaged in the retail business of selling
or providing merchandise, goods, groceries, prepared takeout food
and beverages for consumption off-premises or the serving of an item
directly to customers at such store or premises, including, but not
limited to, grocery stores, department stores, pharmacies, convenience
stores, restaurants, coffee shops and seasonal and temporary businesses,
including farmers' markets and public markets; provided, however,
that a retail establishment shall also include a food truck or other
motor vehicle, mobile canteen, trailer, market pushcart or movable
roadside stand used by a person from which to engage in such business
directly with customers and business establishments without a storefront,
including, but not limited to, a business delivering prepared foods
or other food items, web-based or catalog business or delivery services
used by a retail establishment; provided, further, that a retail establishment
shall include a nonprofit organization, charity or religious institution
that has a retail establishment and holds itself out to the public
as engaging in retail activities that are characteristic of similar-type
commercial retail businesses, whether or not for profit, when engaging
in such activity.
Polystyrene, including clear (oriented) polystyrene, produced
in a rigid form with minimal incorporation of air or other gas. Solid
polystyrene is also referred to as "rigid polystyrene."
A.
After February 1, 2021, no food establishment in the Town of Sudbury
may use, sell, offer for sale, or otherwise distribute disposable
food service ware made from foam polystyrene or solid polystyrene.
B.
After February 1, 2021, no retail establishment in the Town of Sudbury
may sell, offer for sale, or otherwise distribute:
(1)
Disposable food service ware made from foam polystyrene or solid
polystyrene.
(2)
Meat trays, fish trays, seafood trays, vegetable trays, or egg cartons
made in whole or in any part with foam polystyrene or solid polystyrene.
(3)
Packing materials, including packing peanuts and shipping boxes,
made in whole or in any part with foam polystyrene that is not wholly
encapsulated within a more durable material.
(4)
Coolers, ice chests, or similar containers; pool or beach toys; and
dock floats, mooring buoys, or anchor or navigation markers which
are made in whole or in any part with foam polystyrene that is not
wholly encapsulated within a more durable material.
C.
For purposes of § 156-16B(3), distributing packing material does not include:
(1)
Reusing packing materials for shipping, transport, or storage within
the same distribution system, where the packing materials are not
sent to a customer or end user.
(2)
Receiving shipments within the Town of Sudbury that include polystyrene
foam used as a packing material, provided that the goods were not
packaged or repackaged within Sudbury.
A.
Nothing in this bylaw shall prohibit individuals from using disposable
food service ware or other items made of polystyrene purchased outside
the Town of Sudbury for personal use.
B.
Prepared food packaged outside the Town of Sudbury is exempt from
the provisions of this bylaw, provided that it is sold or otherwise
provided to the consumer in the same disposable food service ware
in which it was originally packaged, and that the prepared food has
not been altered or repackaged.
C.
The Board of Health or health agent may exempt a food establishment
or retail establishment from any provision of this bylaw for a period
of up to six months upon written application by the owner or operator
of that establishment. No exemption will be granted unless the Board
of Health or health agent finds that strict enforcement of the provision
for which the exemption is sought would cause undue hardship or the
food establishment or retail establishment requires additional time
in order to draw down an existing inventory of a specific item regulated
by this bylaw. For purposes of this bylaw, "undue hardship" shall
mean a situation unique to a food establishment or retail establishment
in which there are no reasonable alternatives to the use of materials
prohibited by this bylaw, and that compliance with this bylaw would
create significant economic hardship for the establishment.
A.
Health agents shall have the authority to enforce this bylaw. This bylaw may be enforced through any lawful means in law or in equity, including, but not limited to, noncriminal disposition pursuant to MGL c. 40, § 21D, and Chapter 1, General Penalty, Articles I and II, of the Town Code. The Town may enforce this bylaw or enjoin violations thereof through any lawful process or combination of processes, and the election of one remedy by the Town shall not preclude enforcement through any other lawful means.
B.
Violations of this bylaw are punishable by a fine of up to $300 per
violation. Each successive day of noncompliance will count as a separate
violation.
The Board of Health may adopt and amend rules and regulations
to effectuate the purposes of this bylaw.
In the case of a conflict between the requirements of this bylaw
and any other federal, state or local law concerning the materials
regulated herein, the more stringent requirements shall apply.
If any provision of this bylaw is declared invalid or unenforceable,
the other provisions shall not be affected thereby;
