[HISTORY: Adopted by the Regular Town Meeting 11-7-2020 RTM by Art. 8. Amendments noted where applicable.]
The Town of Wakefield hereby finds that the prohibition on the
use of foam polystyrene food containers and packaging by food service
establishments and the sale or use of those products by any business
in the Town of Wakefield is a public purpose that protects the public
health, welfare and environment, advances solid waste reduction, protects
waterways and aids the Town in its fight against climate change.
The following words shall, unless the context clearly requires
otherwise, have the following meanings in this bylaw:
Entirely made of organic materials such as wood, paper, bagasse
or cellulose, or of bioplastics.
Made of bioplastic materials certified to meet the ASTM International
(ASTM) Standards D6400 or D6868, as those standards may be amended.
ASTM D6400 is the specification for plastics designed for compostability
in municipal or industrial aerobic composting facilities. D6868 is
the specification for aerobic compostability of plastics used as coatings
on a compostable substrate. Compostable materials shall also include
products that conform to ASTM or other third-party standards (such
as Vincotte) for home composting. Any compostable products must be
clearly labeled with the applicable standard.
All food and beverage containers, bowls, plates, trays, cartons
and cups, designed for one-time or non-durable uses, on or in which
any food vendor directly places or packages prepared foods on the
food provider's premises or which are used to consume foods.
This includes, but is not limited to, food service ware for takeout
foods and leftover food from partially consumed meals prepared at
food establishments.
A nonbiodegradable petrochemical thermoplastic made from
aerated forms of polystyrene and includes several methods of manufacture.
Expanded polystyrene (EPS) or extruded polystyrene (XPS) are forms
of polystyrene. "Styrofoam" is a Dow Chemical Co. trademarked form
of extruded polystyrene and is commonly used to refer to foam polystyrene.
These are generally used to make insulated cups, bowls, trays, clamshell
containers, meat trays, foam packing materials and egg cartons. The
products are sometimes recognized by a #6 resin code on the bottom.
A business or governmental establishment that stores, prepares,
packages, serves, sells, or otherwise provides food for human consumption,
including but not limited to any establishment requiring a permit
to operate in accordance with the state food code.
Polystyrene foam used to hold, cushion, or protect items
packed in a container for shipping, transport, or storage. This includes,
without limitation, packing "peanuts," and shipping boxes, coolers,
ice chests, or similar containers made, in whole or in part, from
polystyrene foam that is not wholly encapsulated or encased within
a more durable material.
Any food or beverage packaged or prepared for consumption
on the food provider's premises, using any cooking or food preparation
technique or provided for further food preparation.
Refers to material that can be sorted, cleansed, and reconstituted
using Wakefield's curbside municipal collection programs for
the purpose of using the altered form in the manufacture of a new
product.
Does not include burning, incinerating, converting, or otherwise
thermally destroying solid waste.
A business establishment engaged in the retail sale of goods
directly to consumers.
Refers to products that will be used more than once in their
same form by a food establishment. Reusable food service ware includes
tableware, flatware, food or beverage containers, packages or trays,
such as, but not limited to, soft drink bottles and milk containers
that are designed to be returned to the distributor.
A non-biodegradable petrochemical thermoplastic made from
a non-aerated form of polystyrene. Also known as "oriented polystyrene,"
the material is generally clear or solid in appearance and is used
to make clear clamshell containers, cups, plates, straws, lids and
utensils. The products are sometimes recognized by a #6 resin code
on the bottom.
A.Â
Food establishments are prohibited from dispensing food or beverages
to any person in disposable food containers made from foam or rigid
polystyrene.
B.Â
All food establishments are strongly encouraged to use reusable food
service ware in place of using disposable food service ware for all
food served on the premises. Food establishments using any disposable
food service ware are strongly encouraged to use biodegradable, compostable,
reusable or recyclable food service ware.
C.Â
Retail establishments are prohibited from selling or distributing
disposable food containers made from foam or rigid polystyrene to
customers.
D.Â
Retail establishments are prohibited from selling or distributing
polystyrene foam or rigid packing material to customers.
This section shall take effect on June 30, 2021. In the event
that compliance with the effective date is not feasible for a food
establishment because of either unavailability of alternative food
service containers, economic hardship or an official public health
mandate, the Town Administrator may grant a waiver upon application
of the owner or the owner's representative to be reviewed after
six months.
A.Â
Any food or retail establishment which violates any provision of
this section shall be liable for a fine as follows: i. first offense,
warning; ii. second offense, a fine of $100; iii. third offense, a
fine of $200; and iv. fourth or subsequent offense, $300. Each day
a violation continues shall constitute a separate offense.
B.Â
This section shall be enforced by the Town Administrator, or his
or her designee.
C.Â
Any violation of this section may, in the sole discretion of the Town Administrator, or his or her designee, be made the subject of noncriminal disposition proceedings under MGL c. 40, § 21D and § 1-7 of the Code of the Town. In the event that compliance with the effective date is not feasible for a food establishment because of either unavailability of alternative food service containers, economic hardship or an official public health mandate, the Town Administrator may, upon application of the owner or the owner's representative, grant a waiver to be reviewed after six months.
Each separate provision of this section shall be deemed independent
of all other provisions herein, and if any provision of this section
be declared to be invalid by a court of competent jurisdiction, the
remaining provisions of this section shall remain valid and enforceable.
