[Adopted 11-14-2018 ATM,
Art. 23, approved 2-21-2019]
The production and use of expanded polystyrene (EPS) foam, also
known as Styrofoam®, has significant
impacts on the marine and land environment of all coastal communities,
including but not limited to: contributing to the potential death
of marine and terrestrial animals through ingestion; contributing
to pollution of the land and coastal environment; clogging storm drainage
systems; creating a burden to solid waste collection by acting as
a major contaminant in curbside recycling; and requiring the use of
millions of barrels of nonrenewable fossil fuel for manufacture.
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With the goal of protecting the health of its citizens and the
unique natural beauty and irreplaceable natural resources of the Town
of Falmouth, and given that inexpensive, safe alternatives to expanded
polystyrene (EPS) foam are easily obtained, the Town will phase out
the use of expanded polystyrene foam over a period of six (6) months
from the effective date of this Bylaw in order to allow time for establishments
to use their existing inventory and to convert to alternative materials.
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Single-use disposable products for serving or transporting
food or beverages, including, without limitation, take-out foods and/or
leftovers from partially consumed meals prepared by a restaurant and/or
retail food establishment. This includes, but is not limited to, plates,
cups, bowls, trays, and hinged or lidded containers.
Blown polystyrene (polystyrene that has been expanded or
blown using a gaseous blowing agent into a solid foam, sometimes called
Styrofoam®, a Dow Chemical Co. trademark),
which is a thermoplastic petrochemical material utilizing a styrene
monomer and processed by any number of techniques.
Any operations, including, without limitation, restaurants,
convenience stores, grocery stores, delicatessens, food trucks, schools,
farmers' markets and other public venues that store, prepare, package,
serve, vend or otherwise provide food for human consumption. Any establishment
requiring a permit to operate in accordance with the State Food Code,
105 CMR 590.000 et seq., shall be considered food establishments for
the purposes of this Bylaw.
Operations, including, but not limited to, meeting halls,
religious institutions, Town offices, the Senior Center, Recreation
Department, Library, and the Falmouth Public Schools.
Any commercial business facility that sells goods directly
to consumers, including, but not limited to, grocery stores, pharmacies,
liquor stores, convenience stores, retail stores and vendors selling
clothing, food, and personal items, dry cleaning services, theaters
and all other food services establishments.
Expanded polystyrene foam disposable food service containers
and new polystyrene loose-fill packaging shall not be used or sold
by food establishments, retail establishments, and/or public venues
within the Town of Falmouth on or after a period of six (6) months
from the effective date of this Bylaw. Any stock remaining after six
(6) months from the effective date of this Bylaw shall be accepted
for disposal free of charge at the Falmouth Solid Waste Management
Facility.
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This Bylaw shall not apply to:
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This Bylaw may be enforced by any Town Police Officer or agent
of the Board of Health through any lawful means in law or in equity,
including, but not limited to, noncriminal disposition pursuant to
MGL c. 40, § 21D (NOTE: MA General Law), and the appropriate
chapter of the General Bylaws of the Town of Falmouth. If noncriminal
disposition is elected, then any establishment which violates any
provision of this Bylaw shall be subject to the following penalties:
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First offense: fifty-dollar ($50) fine.
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Second offense: one-hundred-dollar ($100) fine.
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Third offense: two-hundred-dollar ($200) fine.
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Offenses occurring within two years of the date of prior reported
offense will be considered as subsequent offenses. Each day or portion
thereof shall constitute a separate offense.
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The Board of Health, after a hearing conducted in accordance
with the procedures set forth in 105 CMR 590.14 and 590.15 (NOTE:
MA General Law), may suspend or revoke the food service permit for
any establishment failing to comply with this Bylaw.
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If any provision of this Bylaw is declared invalid, or unenforceable,
the other provisions shall not be affected thereby.
