This bylaw is enacted pursuant to the general police power in order to protect the health, safety and welfare of the inhabitants of the Town.
[HISTORY: Adopted by the Annual Town Meeting of the Town of Yarmouth 4-25-2023 by Art. 34, approved 8-8-2023. Amendments noted where applicable.]
[Amended 12-9-2024 STM by Art. 1, approved 3-24-2025]
This Bylaw shall take effect on January 1 2026.
Plastic food containers and single-use utensils form a significant portion of the solid waste stream going into landfills. Local landfills are running out of room; our future solid waste may have to be transported hundreds of miles to a landfill at considerable cost. Plastic food containers are not recyclable, nor are they biodegradable. Once buried in our landfills, they will persist for centuries. If incinerated the toxins in plastic are linked to cancer and threaten our air quality. Appropriate alternative and sustainable products are readily available from the vendors used by local food establishments; cooperative bulk buying arrangements are possible. Thus, elimination of plastic food containers and utensils is in the best interest of the health and welfare of Town inhabitants.
Means single-use disposable products for serving or transporting prepared, ready-to-consume food. This includes plates, bowls, trays, hinged or lidded containers, and utensils.
Means an 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 purposes of this bylaw.
Is defined as any type of plastic resin, which may contain recycled material, and may be sold as recyclable, biodegradable, or compostable. The material is commonly categorized in terms of #1, #2, #3, #4, #5, #6, #7; plastic as referenced includes all categories.
Means any food prepared for consumption on the Food Establishment's premises, using any cooking or food preparation technique. This does not include any raw uncooked meat, fish or eggs unless provided for consumption without further food preparation.
Means any building, structure, land, or park owned or operated by the Town of Yarmouth, its agents and departments.
Means all persons, societies, associations, organizations, or special event promoters who require a permission to use a Town Facility. Town Facility Users also include concession contracts with the Town, Town-managed concessions, Town-sponsored events, and food services provided at the Town's expense.
A.
Except as provided herein, Food Establishments are prohibited from dispensing Prepared Food to customers in Disposable Food Service containers and utensils made from Plastic. Public and private schools, educational institutions, summer camps, childcare facilities, and other childcare programs approved to participate in the USDA Child Nutrition Programs are exempt.
B.
Town Facility Users are prohibited from dispensing Prepared Food to customers in Disposable Food Service containers made from Plastic and providing utensils made from Plastic.
This Bylaw is enforced by the Town Administrator, or any committee appointed by them. Any Food Establishment or Town Facility User which violates any provision of this Bylaw shall be subject to the following penalties:
First offense: Written warning.
2nd offense: $150 fine.
3rd offense and subsequent offenses: $300 fine.
Any such fines collected shall be payable to the Town of Yarmouth. Each day the violation continues constitutes a separate violation. After detection of an initial violation, the designated inspection authority will be required to verify subsequent compliance until compliance with this bylaw is established. All businesses will be routinely inspected until the Town Administrator deems the inspection to be no longer be required.