[Adopted 9-3-2019 by Order No. 2019-112]
This article is enacted for the purpose of reducing the distribution
of single-use plastic straws and beverage stirrers by all business
establishments.
The following businesses: a retail store; general department
store; restaurant and take-out restaurant, and any other common victualler,
serving hot or cold liquid, slurry, frozen, semi-frozen, or other
forms of beverages to the public for consumption; bar, tavern, lounge;
not including supermarkets, pharmacies, hospitals, nursing homes or
nursing care or assisted living facilities or doctors or nurses or
emergency medical technicians providing straws to patients.
Any event organized or sponsored by the City of Melrose,
any department of the City of Melrose, or on the premises of any City-owned
premises.
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 beverage 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, wood and bamboo.
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.
A.
Effective December 1, 2019, plastic beverage straws shall not be
used or dispensed or sold in conjunction with the serving by business
establishments, or at any City event, of hot or cold liquid, slurry,
frozen, semi-frozen, or other forms of beverages to the public for
consumption, unless requested by a customer or other patron. If requested,
the customer shall be advised not to dispose of it if intending to
use a plastic straw for more than one beverage, as only one plastic
straw shall be provided each customer, unless otherwise requested.
B.
Effective December 1, 2019, plastic beverage stirrers shall not be
used or dispensed or sold in conjunction with the serving by business
establishments or at any City-sponsored event of hot or cold liquid,
slurry, frozen, semi-frozen, or other forms of beverages to the public
for consumption.
C.
Nothing in this article prohibits the sale of plastic straws by supermarkets
and pharmacies in packages, not in conjunction with the service of
hot or cold liquid, slurry, frozen, semi-frozen, or other forms of
beverages to the public for consumption.
D.
Nothing in this article prohibits customers from using their own
straws of any material for personal use in any business establishment.
This article may be enforced by any agents of the Board of Health.
This article may be enforced through any lawful means in law or in
equity, including, but not limited to, noncriminal disposition pursuant
to MGL c. 40, § 21D, by which any business establishment
which violates any provision of this regulation shall be subject to
the following penalties:
