[Ord. No. 2026-O-44, passed 4-28-2026]
The ordinance is to reduce the overall environmental impact of the City of Watertown, its residents, and its businesses. Single use plastic has a significant impact on the environment through its carbon footprint, and impact on waste systems. The provisions of this Ordinance will reduce the amount of single use plastic used throughout the City.
[Ord. No. 2026-O-44, passed 4-28-2026]
For the purpose of this Chapter 119 the following definitions apply:
A. 
Condiment: A single-use packet containing relishes, spices, sauces, confections, or seasonings, and similar ingredients, that requires no additional preparation, and that is used on food or beverages, including, but not limited to, ketchup, mustard, mayonnaise, soy sauce, sauerkraut, salsa, syrup, jam, jelly, salad dressings, salt, sugar, sugar substitutes, pepper, and chili pepper.
B. 
Food Establishment: A retail establishment that stores, prepares, services, vends, or otherwise provides food for human consumption, including, but not limited to, any establishment requiring a permit to operate in accordance with the State Sanitary Code Chapter X- Minimum Sanitation Standards for Food Establishments, 105 CMR 590 (the Retail Food Code), as it may be amended from time to time.
C. 
Full-Service Food Establishment: A food establishment where customers are seated at a table and where orders are taken and served by waitstaff at the tables.
D. 
Online Food Ordering Platform: The digital technology provided on a website or mobile application through which a consumer can place an order for pick-up or delivery of Prepared Food. Such platforms include those operated directly by Food Establishments, by companies that provide delivery of prepared meals to consumers, and by online food ordering systems that connect consumers to Food Establishments directly.
E. 
Prepared Food: Food or beverages serviced, packaged, cooked, chopped, sliced, mixed, brewed, frozen, squeezed, poured, or otherwise prepared (collectively "prepared") for individual customers or consumers. Prepared Food does not include raw eggs or raw, butchered meats, fish, and/or poultry sold from a butcher case, a refrigerator case, or similar retail appliance.
F. 
Single-Use: Items designed to be used once and then discarded and not designed for repeated use and sanitizing.
G. 
Single-Use Foodware Accessory: Single-use items provided alongside Prepared Food served in single-use plates, containers, or cups, including but not limited to utensils as defined herein, tongs, chopsticks, straws, stirrers, splash sticks, cocktail sticks, and toothpicks, cup sleeves, cup trays, and food trays.
H. 
Utensil: Forks, spoons, knives, sporks, chopsticks, or other instruments used to serve food or to eat food.
I. 
Reusable Food and Beverage Serviceware: Containers, bowls, plates, trays, cups, glasses, utensils, takeout containers, and other items used to contain and consume beverages and prepared food that are manufactured and designed to be washed and sanitized and used repeatedly over an extended period of time.
[Ord. No. 2026-O-44, passed 4-28-2026]
Food Establishments are prohibited from providing Single-Use Foodware Accessories, including in takeout and delivery orders, whether orders are placed online, via phone, or in person, except as follows:
A. 
Single-Use Foodware Accessories may be provided specifically upon the request of the consumer:
•
By asking directly;
•
By selecting the items in an online food ordering platform; or,
•
In response to an inquiry by the food establishment.
B. 
Single-Use Foodware Accessories, including plastic Utensils, may not be wrapped in plastic or offered as bundled sets.
C. 
Food Establishments may have Single-Use Foodware Accessories available at self-service stations. The self-service station may include a Single Item Dispenser. These stations must comply with the Massachusetts Retail Food Code (105 CMR 590.00).
[Ord. No. 2026-O-44, passed 4-28-2026]
Online Food Ordering Platforms must provide Food Establishments with a method to list each Single-Use Foodware Accessory and Condiment that is offered by the Food Establishment, such that customers can specifically request the Single-Use Accessories and Condiments that they wish to have included with their order.
[Ord. No. 2026-O-44, passed 4-28-2026]
A. 
Food Establishment may seek an exemption from the requirements of this Ordinance as follows:
•
The Food Establishment must file a request for an exemption in writing with the Director of Public Health.
•
The request must state specifically which section and products they are seeking an exemption from and state reasons why application of the specific requirement would cause undue hardship.
•
The Director may waive any specific requirement of this Ordinance for a period of not more than six months, but, upon subsequent applications, may extend exemptions for an additional six-month period.
•
The Director will issue a final decision in writing within 30 days of receipt of a written request for an exemption.
[Ord. No. 2026-O-44, passed 4-28-2026]
The Director of Public Health and/or his/her designee shall have the authority to administer and enforce this Ordinance. This Ordinance and any resulting rules and regulations may be enforced through any lawful means in law or in equity, including, but not limited to, non-criminal disposition in accordance with the provisions of G.L. c. 40, § 21D pursuant to Chapter 35, § 35.05 of the City Code of Ordinances.
[Ord. No. 2026-O-44, passed 4-28-2026]
This Ordinance will take effect six months after passage to allow time for the City Administration to conduct an education campaign focused on food establishments and consumers.
[Ord. No. 2026-O-44, passed 4-28-2026]
A. 
Any person who violates any provision of this Ordinance shall be issued a verbal and written warning for the first two offenses, then fined as follows:
•
$50 for the third offense
•
$100 for the fourth offense
•
$200 for the fifth offense and each subsequent offense
B. 
Each day the violation continues may constitute a separate offense.
C. 
Nothing in this section shall be deemed to limit the use of other lawful methods of abating violations of this section, including but not limited to application for equitable relief from a court of law.