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2019-03-25-ATM-min
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2019-03-25-ATM-min
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12/13/2022 11:01:15 AM
Creation date
10/24/2019 11:31:29 AM
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Year
2019
Author or Source
Nathalie Rice
Department
Town Clerk
Keywords or Subject
Minutes of Annual Town Meeting 2019
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March 25,2019 Session of the 2019 Annual Town Meeting,cont... <br /> ARTICLE 31:AMEND TOWN BYLAWS TO REDUCE/BAN SINGLE-USE PLASTIC <br /> BEVERAGE STRAWS AND STIRRERS(Citizen Article) <br /> MOTION: That the Town amend its Code of Bylaws by adding a new Bylaw,Chapter 83,as <br /> follows: <br /> Chapter 83.Single-Use Plastic Beverage Straw and Stirrer Reduction <br /> §83-1.Purpose and intent. <br /> The purpose of this bylaw is to reduce and eliminate the sale and distribution of Single-Use Plastic <br /> Beverage Straws and Stirrers in all Food Establishments,Retail Stores,and Town Buildings and <br /> Premises in the Town of Lexington.The production and use of Single-Use Plastic Beverage <br /> Straws and Stirrers has detrimental impacts on the environment,is not recyclable in municipal <br /> programs,and requires the use of fossil fuel for their manufacture. <br /> By restricting the sale and distribution of Single-Use Plastic Beverage Straws and Stirrers in <br /> Lexington and requiring those products to be replaced with Reusable or Compostable products, <br /> this bylaw will help protect public health and the natural environment,waterways and wildlife. <br /> §83-2.Definitions. <br /> SINGLE-USE PLASTIC BEVERAGE STRAWS AND STIRRERS <br /> Beverage straws and stirrers made of any type of petroleum-based plastic that cannot be,or are <br /> not Compostable and are not intended to be Reusable. <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 /> §83-3.Use regulations. <br /> Except as expressly set forth in this bylaw,Single-Use Plastic Beverage Straws and Stirrers shall <br /> not be distributed or sold at Food Establishments,Retail Stores,or Town Buildings and Premises <br /> with a floor area of 10,000 square feet or more in the Town of Lexington on or after January 1, <br /> 2020. Single-Use Plastic Beverage Straws and Stirrers shall not be distributed or sold at Food <br /> Establishments,Retail Stores,or Town Buildings and Premises with a floor area of less than <br /> 10,000 square feet in the Town of Lexington on or after July 1,2020. <br /> §83-4.Exceptions. <br /> A. In the event that compliance with this bylaw is not feasible by January 1,2020,for a Food <br /> Establishment or 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 straws and stirrers or economic <br /> hardship,the Town Manager or Town Manager's designee may grant a waiver of not more than <br /> six months upon application of the owner or owner's representative.The Town Manager or Town <br /> Manager's designee may provide one additional six-month waiver upon showing of continued <br /> infeasibility or hardship,as set forth above. <br />
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