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March 25,2019 Session of the 2019 Annual Town Meeting,cont...
<br /> plates,coffee cups and meat or produce trays.EPS products are usually marked with the
<br /> abbreviation"PS"or a"6"inside the chasing arrows recycling symbol.
<br /> FOOD SERVICEWARE AND PACKAGING
<br /> Serviceware and packaging typically provided by Food Establishments,Retails Stores,and in
<br /> Town Buildings or Premises,including but not limited to cups,plates,bowls,trays,clamshells,and
<br /> other food and beverage containers,meat,fish,and produce trays,egg cartons and beverage
<br /> coolers.
<br /> COMPOSTABLE
<br /> Products that are made entirely of organic materials such as wood,paper,bagasse, cellulose or
<br /> plant-based plastic that meet the American Society for Testing and Materials (ATSM)
<br /> International Standard D6400, or its replacement, or that are Certified Compostable by the
<br /> Biodegradable Products Institute(BPI).
<br /> REUSABLE
<br /> Products that are cleanable and durable and which can be used more than once in their same
<br /> form.
<br /> FOOD ESTABLISHMENT
<br /> Any operation that stores,prepares,packages,serves,vends or otherwise provides food for
<br /> human consumption,as further defined in the State Food Code, 105 CMR 590.001.
<br /> RETAIL STORE
<br /> An establishment that offers the sale and display of merchandise within a building.
<br /> TOWN BUILDING OR PREMISES
<br /> A building or land owned or used by the Town for municipal or school purposes.
<br /> §82-3.Use regulations.
<br /> A.Except as expressly set forth in this bylaw,EPS Food Serviceware and Packaging shall not be
<br /> distributed or sold at Food Establishments,Retail Stores,or Town Buildings or Premises with a
<br /> floor area of 10,000 square feet or more in the Town of Lexington on or after January 1,2020.
<br /> EPS Food Serviceware and Packaging shall not be distributed or sold at Food Establishments,
<br /> Retail Stores,or Town Buildings or Premises with a floor area of less than 10,000 square feet in
<br /> the Town of Lexington on or after July 1,2020.
<br /> B.Businesses and organizations currently selling or distributing EPS food serviceware and
<br /> packaging materials are strongly encouraged to replace them with Reusable or Compostable food
<br /> serviceware and Compostable packaging materials.
<br /> §82-4.Exceptions.
<br /> In the event that compliance with this bylaw is not feasible by January 1,2020,for a Food
<br /> Establishment,Retail Store,or a Town Building or Premises,(or by July 1,2020 for Food
<br /> Establishment or Retail Store or a Town Building or Premises with a floor area less than 10,000
<br /> square feet),because of either unavailability of alternative Food Serviceware and Packaging or
<br /> economic hardship,the Town Manager or Town Manager's designee may grant a waiver of not
<br /> more than six months upon application of the owner or owner's representative.The Town
<br /> Manager or Town Manager's designee may provide one additional six-month waiver upon
<br /> showing of continued infeasibility or hardship,as set forth above.
<br /> §82-5.Enforcement process.
<br /> Enforcement of this bylaw shall be the responsibility of the Town Manager or Town Manager's
<br /> designee.The Town Manager or Town Manager's designee shall determine the inspection
<br /> process to be followed,incorporating the process into other Town duties as appropriate.Any
<br /> Food Establishment,Retail Store,or Town Building or Premises selling or distributing EPS Food
<br /> Serviceware or Packaging in violation of this bylaw shall be subject to a noncriminal disposition
<br /> fine as specified in Section 1-6 of the Town Bylaws under MGL c.40, §21D. Any such fines
<br /> shall be paid to the Town ofLexington.
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