[Adopted 10-15-2018 ATM by Art. 23]
This bylaw is enacted for the purpose of eliminating the distribution of single-use plastic straws and stirrers by all business establishments in the Town of Chelmsford, except upon request. The production and use of single-use plastic straws and stirrers have significant impacts on the environment, including, but not limited to: contributing to pollution of the land environment; creating a burden to solid waste collection and recycling facilities; entering storm drains that lead to waterways leading to the ocean causing the potential death of marine animals through ingestion; and requiring the use of millions of barrels of crude oil nationally for their manufacture.
BUSINESS ESTABLISHMENT
Means the following businesses as defined in § 195-108 of the Chelmsford Zoning Bylaw: a retail store; supermarket; general department store; restaurant; and take-out restaurant, serving liquid, slurry, frozen, semi-frozen, or other forms of beverages to the public for consumption, not including nursing homes or nursing care or assisted living facilities or doctors or nurses or emergency medical technicians providing straws to patients.
TOWN-SPONSORED EVENT
Means any event organized or sponsored by the Town of Chelmsford or any department of the Town of Chelmsford.
PLASTIC BEVERAGE STRAW
Means a tube made predominantly of plastic derived from either petroleum or a biologically based polymer, such as corn or other plant sources, for transferring a beverage from its container to the mouth of the drinker. "Plastic beverage straw" includes compostable and biodegradable petroleum or biologically based polymer straws, but does not include straws that are made from nonplastic materials, such as, but not limited to, paper, sugar cane, and bamboo.
PLASTIC STIRRER
Means a device that is used to mix beverages, intended for only one-time use, and made predominantly of plastic derived from either petroleum or a biologically based polymer, such as corn or other plant source. "Plastic stirrer" includes compostable and biodegradable petroleum or biologically based polymer stirrers, but does not include stirrers that are made from nonplastic materials, such as, but not limited to, paper, sugar cane, and bamboo.
A. 
Effective July 1, 2019, plastic beverage straws and plastic stirrers shall not be used or dispensed or sold except upon request in conjunction with the serving by business establishments or at any town-sponsored event of liquid, slurry, frozen, semi-frozen, or other forms of beverages to the public for consumption.
B. 
Nothing in this bylaw prohibits the sale of plastic straws by supermarkets and general department stores in packages not in conjunction with the service of liquid, slurry, frozen, semi-frozen, or other forms of beverages to the public for consumption.
C. 
Nothing in this bylaw prohibits customers from using their own straws of any material for personal use in any business establishment.
A. 
The Board of Health or its designee is hereby designated and authorized as the officer charged with the enforcement of this bylaw.
B. 
Penalty for violation.
(1) 
Whoever violates any provision of this bylaw shall be punished as follows: first offense: $100; second offense: $200; third and subsequent offenses: $300 for each offense.
(2) 
Offenses occurring within two years of the date of first reported offense will be considered as subsequent offenses. Each day or portion thereof shall constitute a separate offense. Nothing contained herein shall preclude the Board of Health from seeking equitable relief to enforce this bylaw.
C. 
Noncriminal disposition. In addition to the procedure for enforcement as described above, the provisions of this bylaw may also be enforced by noncriminal disposition, as provided in Massachusetts General Laws, Chapter 40, § 21D. The penalty for such violation shall be $25 for the first offense, $50 for the second offense, and $100 for the third and each subsequent offense.
D. 
Hearing to suspend or revoke food service permit. The Board of Health, after a hearing conducted in accordance with the procedures set forth in 105 CMR 590.14 and 590.15, may suspend or revoke the food service permit for any business establishment failing to comply with this bylaw.