Ban on Styrofoam


Ban on use of Styrofoam Ordinance

No. 1162..........

In the Year Two Thousand AND FIFTEEN

AN ORDINANCE

AMENDING THE CODE OF THE CITY OF PITTSFIELD
CHAPTER 8, SOLID WASTE COLLECTION AND DISPOSAL

Be it ordained by the City Council of the City of Pittsfield, as follows: Section I.

That the Code of the City of Pittsfield, Chapter 8, Solid Waste Collection and Disposal, shall be amended by adding the following section:

"SECTION 8.2.2 — Ban on use of Styrofoam

(a)    Purpose: This ordinance is enacted pursuant to the general police power in order to protect the health, safety and welfare of the inhabitants of the City of Pittsfield.

(b)   Findings: The elimination of expanded polystyrene food containers is in the best interests of the health and welfare of City inhabitants because, in 2011, the U.S. Department of Health and Human Services, through its' National Toxicology Program, has determined that Styrene is reasonably anticipated to be a human carcinogen; which can leach into food and beverages via polystyrene containers.

(c)    Definitions:

  1. "Disposable Food Service Container" means single-use disposable products for serving or transporting prepared, ready-to-consume food or beverages. This includes but is not limited to plates, cups, bowls, trays and hinged or lidded containers. This definition does not include single use disposable utensils, nor does it include single-use disposable packaging for unprepared foods. The Board of Health shall have final say as to what is or is not a Disposable Food Service Container.
  2. "Food Establishment" means an operation that stores, prepares, pack­ages, serves, vends, or otherwise provides food for human consump­tion, as further defined in 105 CMR 590.002. Any establishment re­quiring a permit to operate in accordance with the State Food Code, 105 CMR 590.000, et. seq., shall be considered a "Food Establish­ment" for purposes of this ordinance. The Board of Health shall de­termine what is or is not a "Food Establishment."
  3. "Expanded Polystyrene" (EPS) means polystyrene that has been ex­panded or "blown" using a gaseous blowing agent into a solid foam."


No. 1162..........

In the Year Two Thousand AND FIFTEEN

AN ORDINANCE

Be it ordained by the City Council of the City of Pittsfield, as follows:

iv. "Polystyrene" means expanded polystyrene which is a thermoplastic petrochemical material 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-blow molding (extruded foam polystyrene).

"Prepared Food" means any food or beverage prepared for consump­tion on the Food Establishment's premises, using any cooking or food preparation technique. This does not include any raw uncooked meat, fish or eggs unless provided for consumption without further food preparation."

  1. "Biodegradable Food Service Container" means within three years having the ability to one hundred percent completely break down, or within three years decompose back into the natural environment with­out causing harm.
  2. "Recyclable Food Service Container" means a food service container completely capable of reuse as a food service container ten or more times, OR completely capable of being used as a high quality recy­date, wherein the materials of the food service container may be com­pletely reclaimed and used in new food service containers at least ten times.

(d) Prohibition:

i. A food establishment is prohibited from dispensing prepared food to customers in disposable food services containers that are made in whole or part from expanded polystyrene. This would eliminate any requirement that the product also be bio­degradable and recyclable.


No. 1162..........

In the Year Two Thousand AND FIFTEEN

AN ORDINANCE

Be it ordained by the City Council of the City of Pittsfield, as follows: (e) Deferments:

  1. Upon written application, the Board of Health, after a public hearing, may defer application of this Ordinance for a Food Establishment for a one year period, upon a showing by the Food Establishment that the conditions of this Ordinance would cause undue hardship. For pur­poses of this Ordinance, an "undue hardship" is a situation unique to the Food Establishment where there are no reasonable alternatives to the use of expanded polystyrene disposable food service containers and compliance with this provision would cause significant economic hardship to that Food Establishment.
  2. A Food Establishment granted a deferment by the City must reapply prior to the end of the one year exemption period and demonstrate continued undue hardship, if it wishes to have the deferment extend­ed. Deferments may only be granted for intervals not to exceed one year.
  3. A deferment granted in accordance with this Section may be extended for no more than one additional one year period, upon written appli­cation to the Board of Health at least two months prior to the expira­tion of the first deferment period and upon a showing that the circum­stances justifying the deferment continue to exist.
  4. A deferment application shall include all information necessary for the City to make its decision, including, but not limited to, documen­tation showing the factual support for the claimed deferment. The Board of Health may require the applicant to provide additional in­formation to permit it to determine facts regarding the deferment ap­plication.
  5. The Board of Health may approve the deferment application, in whole or in part, with or without conditions that it deems necessary to protect the public health and further the interests of this Ordinance.
  6. Deferment decisions are effective immediately and final.

No. 1162..........

In the Year Two Thousand AND FIFTEEN

AN ORDINANCE

Be it ordained by the City Council of the City of Pittsfield, as follows: (f) Enforcement:

  1. An agent of the Board of Health shall inquire on an annual basis re­garding any food establishment's compliance with this ordinance as a condition for renewal of the establishment's food service permit.
  2. The Board of Health, after a hearing conducted in accordance with the procedures set forth in 105 CMR 590.14 and 105 CMR 590.15, may suspend or revoke the food service permit for any establishment failing to comply with this ordinance.
  3. An agent of the Board of Health shall have primary responsibility for enforcement of this provision and shall have authority to issue cita­tions for violation(s). The Health Department or its designee is au­thorized to establish regulations or administrative procedures and to take any and all actions reasonable and necessary to further the pur­poses of this chapter or to obtain compliance with this chapter, in­cluding, but not limited to, inspecting any vendor's premises to verify compliance in accordance with applicable law.
  4. An agent of the Board of Health may enforce this by-law or enjoin violations thereof through any lawful process, and the election of one remedy by the Board of Health shall not preclude enforcement through any other lawful means.
    1. Any member of the public who observes a potential violation of this ordinance shall be able to file a complaint with the Board of Health who shall investigate whether there is a violation of this ordinance.
    2. Penalties and Fines for Violations of this ordinance may be enforced as follows:

This ordinance shall be enforced by the Board of Health or its' de­signee. Whoever violates any provision Of this ordinance may be pe­nalized by a non-criminal disposition process as provided in G.L. c.40, §21D and the City's non-criminal disposition ordinance. If non­criminal disposition is elected, then any person who violates any pro­vision of this ordinance shall be subject to the following penalties:


 

No. 1162..........

In the Year Two Thousand AND FIFTEEN

AN ORDINANCE

Be it ordained by the City Council of the City of Pittsfield, as follows:

a)      First offense: a written warning to the food establishment which will specify the violation.

b)      Second offense: A fine of twenty five ($25.00) dollars.

c)      Third offense: A fine of fifty ($50.00) dollars.

d)     Fines are cumulative and each day or portion thereof shall constitute a separate offense. If more than one, each condition violated shall constitute a separate offense.

e)      Whoever violates any provision Of this ordinance may be pe­nalized by virtue of a civil complaint brought in the district court.

Section II.

This ordinance shall become effective on July 1, 2016.Approved as to Form and Legality,

 

In City Council                                                                   Approved by the Mayor

Read and passed to be ordained          October 15, 2015

October 13, 2015                                                                Daniel L. Bianchi, Mayor

7Yeas 3 Nays

Melissa Mazzeo, Council President

Linda M. Tyer, Clerk