Town of Yarmouth, MA Chapter 120 Polystyrene Reduction [1]

[HISTORY: Adopted by the Annual Town Meeting of the Town of Yarmouth 4-26-2022 by Art. 29, approved 8-22-2022. Amendments noted where applicable.]

[1] Editor's Note: Former Ch. 120, Signs, adopted by the Annual Town Meeting 10-22-1980 by Art. 1, approved 2-2-1981, as amended, was repealed by the Special Town Meeting 9-14-1987 by Art. 15.

§ 120-1 Purpose and intent.

A. The use and disposal of polystyrene products are proven to have significant negative impacts on marine and land environments of our coastal community, including but not limited to:

(1) Contributing to the harm of marine and terrestrial wildlife through ingestion and entanglement;

(2) Pollution and degradation of the terrestrial and coastal environments;

(3) Human risk through exposure to harmful carcinogens used in the manufacture of polystyrene products; and

(4) Disposal burdens for solid waste collection and recycling facilities.

B. Therefore, the Town of Yarmouth seeks to protect its natural resources and the well-being of its residents by prohibiting food or retail establishments from distributing single-use disposable polystyrene containers through a phase-out period.

§ 120-2 Definitions.

EXPANDED POLYSTYRENE (EPS)

Polystyrene that has been expanded or blown using a gaseous blowing agent into a solid form.

FOOD ESTABLISHMENTS

Any operations, including but not limited to, restaurants, schools, charitable associations, food trucks, farmers' markets, concession stands, 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 State Food Code, 105 CMR 590.000, et seq., shall be considered food establishments for the purposes of this bylaw.

POLYSTYRENE

Expanded and extruded forms of thermoplastic, petrochemical materials utilizing a styrene monomer and processed by any number of techniques including, but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection molding, form molding, and extrusion blown molding (extruded foam polystyrene), sometimes called "Styrofoam," a Dow Chemical Co. trademarked form of polystyrene foam.

PUBLIC VENUES

Operations such as meeting halls, Town offices, public facilities and recreation areas.

RETAIL ESTABLISHMENTS

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 service establishments.

SINGLE-USE POLYSTYRENE DISPOSABLE CONTAINERS

Single-use disposable products for serving or transporting food or beverages, including but not limited to, take-out foods and/or partially consumed meals prepared by a restaurant and/or retail food establishment. This includes, but is not limited to, plates, cups, bowls, trays, hinged or lidded containers.

§ 120-3 Applicability.

Single-use polystyrene disposable containers shall not be used or distributed as disposable food service containers by food establishments and/or retail establishments within the Town of Yarmouth effective June 1, 2023.

§ 120-4 Exemptions.

The following are exempt and not subject to the provisions of this bylaw:

A. Polystyrene and EPS packing peanut and foam packaging used to transport goods from a manufacturer.

B. Prepackaged meat and produce trays, egg cartons, and other food or beverage products used in packaging from the manufacturer for the purposes of transport.

C. Packaging used for the protection of raw foods, including but not limited to, produce or meat/fish products.

D. Polystyrene and EPS insulated foam freezer containers enclosed in durable rigid plastic.

§ 120-5 Enforcement; violations and penalties.

A. This bylaw may be enforced by any enforcement officer or by agents of the Board of Health.

B. This bylaw 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, and the appropriate chapter of the General Bylaws of the Town of Yarmouth. If noncriminal disposition is elected by the Board of Selectmen in its enforcement policies, then any establishment which violates any provision of this bylaw shall be subject to the following penalties.

(1) First offense: fine of $50.

(2) Second offense: fine of $100.

(3) Third and subsequent offense: fine of $200.

C. Subsequent offenses shall be determined as offenses occurring within two years of the date of the first noticed offense. Each day or portion thereof shall constitute a separate offense.

D. 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 food and/or retail establishment failing to comply with this bylaw, such failure being defined as three or more violations within a twelve-month period.