[HISTORY: Adopted by the Town Meeting of the Town of Rockport 9-17-2018 FTM, eff. 3-1-2019; amended 4-2-2023 ATM (Ch. 14F of the 1997 Code of By-laws). Amendments noted where applicable.]
[Amended 9-8-2025 FTM by Art. G]
A. 
Purpose and intent. Thin-film single-use plastic bags shall not be distributed to customers or sold at any retail establishment in the Town.
B. 
Exemptions. Thin-film plastic bags, typically without handles, that are used to contain produce, meat, bulk foods, newspapers, dry cleaning, wet items, and other similar merchandise are exempt from the provisions of this by-law.
A. 
No food establishment, retail establishment, or beverage provider within the Town shall use, provide, distribute, or sell plastic straws and/or stirrers.
B. 
Nothing in this section precludes food establishments, retail establishments, or beverage providers from using or making nonplastic alternatives, such as those made from paper, compostable plastic, sugar cane, or bamboo, available to customers. Nonplastic alternative straws and/or stirrers shall only be provided upon request by the customer.
C. 
It shall not be a violation of § 262-2 of this by-law for a food establishment, retail establishment or beverage provider to provide a plastic straw or stirrer to an individual requesting one due to a disability or other physical condition that makes the use of alternative straws or stirrers impractical.
[Added 9-9-2019 FTM, eff. 1-21-2021]
A. 
Disposable food service ware shall be biodegradable or compostable if used or sold at food establishments.
B. 
Foods prepared or packaged outside of the Town are exempt from the provisions of § 262-3 of this by-law.
[Added 9-9-2019 FTM, eff. 6-1-2022]
A. 
It shall be unlawful to sell in the Town nonsparkling, unflavored drinking water in single-serving bottles of 34 ounces or less containing plastic, but not limited to polyethylene terephthalate (PET), unless such bottles are made of 100% compostable materials or at least 50% biodegradable materials.
B. 
Sales occurring subsequent to a declaration of an emergency adversely affecting the availability and/or quality of drinking water in Town by the Emergency Management Director or other duly authorized Town, commonwealth or United States official shall be exempt from § 262-4A of this by-law until seven days after such declaration has ended.
Any food or retail establishment or other beverage provider may seek an exemption from the requirements of this by-law by filing a request in writing with the Board of Health. The Board of Health may, by a majority vote of its Board, waive any specific requirement of this by-law for a period of not more than one year if the establishment/provider seeking the exemption has demonstrated that strict application of a specific requirement of the by-law would cause undue hardship. For purposes of this by-law, an "undue hardship" is a situation unique to any food establishment, retail establishment or beverage provider where there are no reasonable alternatives to the use of single-use plastics and compliance with this provision would cause significant economic hardship to that food or retail establishment or beverage provider. Any food or retail establishment or beverage provider granted an exemption must reapply prior to the end of the one-year exemption period and demonstrate continued undue hardship if the establishment/beverage provider wishes to have the exemption extended. The Board of Health's decision to grant or deny an exemption or to grant or deny any extension of a previous issued exemption shall be in writing and may state any terms and conditions it deems necessary. Said decision shall be final.
A. 
Enforcement. This by-law shall be enforced by the Board of Health or its designated agent.
B. 
Penalties.
(1) 
The penalty for each violation that occurs under this by-law shall be as follows:
(a) 
A written warning for the first offense;
(b) 
One hundred dollars for the second offense; and
(c) 
Two hundred dollars for the third offense and each subsequent offense.
(2) 
Each day or portion thereof shall constitute a separate offense. All fines shall be payable to the Town.
[Amended 9-8-2025 FTM by Art. G]
A. 
The Board of Health for the Town may adopt rules and regulations to effectuate this by-law and may periodically amend said rules and regulations.
B. 
As used in this chapter, the following terms shall have the meanings indicated:
BEVERAGE PROVIDER
Any business, organization, entity, group, or individual located in the Town that offers liquid, slurry, frozen, semi-frozen, or other forms of beverages to the public for consumption.
BIODEGRADABLE
Entirely made of wood, paper, bamboo, bagasse or cellulose.
COMPOSTABLE
Refers to bioplastic or other materials certified to meet the American Society for Testing and Materials International Studies D6400 or D8686, as those standards may be amended. ASTM D6400 is the specification for plastics designed for composting in municipal or industrial aerobic composting facilities. D8686 is the specification for aerobic composting of plastics used as coatings on a compostable substrate. Compostable materials shall also include products that conform to ASTM or other third-party standard for home composting. Any compostable product must be clearly labeled with the applicable standard on the product.
DISPOSABLE FOOD SERVICE WARE
All food and beverage containers, bowls, plates, trays, cartons, cups, lids, straws, stirrers, forks, spoons, knives, film wrap and other items designed for one-time or nondurable uses on or in which any food vendor directly places or packages prepared foods or which are used to consume foods (e.g., utensils). This includes, but is not limited to, service ware for eat-in foods, takeout foods, and leftover food from partially consumed meals served at food establishments.
FOOD ESTABLISHMENT
An operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption. This includes, but is not limited to, restaurants, food trucks, caterers, retail food vendors, and temporary food event permit holders. 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 purposes of this by-law.
PLASTIC STIRRER
A device that is used to mix beverages, intended for only one-time use, and made from plastic material, including, but not limited to, polyethylene, polypropylene, and polystyrene.
PLASTIC STRAW
Any single-use plastic straw intended for only one-time use, and made from plastic material, including, but not limited to, polyethylene, polypropylene, and polystyrene.
PREPARED FOOD
Food or beverages which are served, packaged, cooked, chopped, sliced, mixed, bottled, frozen, squeezed or otherwise prepared by a food establishment, regardless of whether it is consumed on or off the premises.
RETAIL ESTABLISHMENT
Any commercial business facility that sells goods and/or services to the public, including, but not limited to, grocery stores; pharmacies; bars; restaurants; liquor stores; retail stores; convenience stores; vendors selling food, clothing, and personal items; dry-cleaning services; and theaters.
THIN-FILM SINGLE-USE PLASTIC BAG
A bag, typically with handles, with a thickness of 4.0 mils or less, that is provided at the point of sale for transport of purchased products. This includes but is not limited to bags made of high-density polyethylene, low-density polyethylene, or "biodegradable" materials and which do not meet the ASTM D6400 standard specifications.