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<br /> ANNUAL TOWN MEETING MINUTES (continued)
<br /> §82-4.Exceptions. §83-2.Definitions
<br /> In the event that compliance with this bylaw is not feasible Single-Use Plastic Beverage Straws and Stirrers: Beverage
<br /> by January 1, 2020 for a Food Establishment, Retail Store, straws and stirrers made of any type of petroleum-based
<br /> or Town Building or Premises (or by July 1,2020 for a Food plastic that cannot be, or are not, Compostable and are not
<br /> Establishment or Retail Store or Town Building or Premises intended to be Reusable.
<br /> with a floor area less than 10,000 square feet), because of Compostable: Products that are made entirely of organic
<br /> either unavailability of alternative Food Serviceware and materials such as wood, paper, bagasse, cellulose, or plant-
<br /> Packaging or economic hardship,the Town Manager or Town based plastic that meet the American Society for Testing
<br /> Manager's designee may grant a waiver of not more than six and Materials (ATSM) International Standard D6400, or
<br /> months upon application of the owner or owner's represen- its replacement, or that are Certified Compostable by the
<br /> tative. The Town Manager or Town Manager's designee may Biodegradable Products Institute(BPI).
<br /> provide one additional six-month waiver upon showing of
<br /> continued infeasibility or hardship,as set forth above. Reusable: Products that are cleanable and durable and which
<br /> can be used more than once in their same form.
<br /> §82-5.Enforcement process.
<br /> Food Establishment: Any operation that stores, prepares,
<br /> Enforcement of this bylaw shall be the responsibility of the packages,serves,vends or otherwise provides food for human
<br /> Town Manager or Town Manager's designee. The Town consumption,as further defined in the State Food Code, 105
<br /> Manager or Town Manager's designee shall determine the in- CMR 590.001.
<br /> spection process to be followed,incorporating the process into
<br /> other Town duties as appropriate. Any Food Establishment, Retail Store:An establishment that offers the sale and display
<br /> Retail Store,or Town Building or Premises selling or distrib- of merchandise within a building.
<br /> uting EPS Food Serviceware or Packaging in violation of this Town Building or Premises:A building or land owned or used
<br /> bylaw shall be subject to a noncriminal disposition fine as by the Town for municipal or school purposes.
<br /> specified in Section 1-6 of the Town Bylaws under MGL c.40,
<br /> §21D. Any such fines shall be paid to the Town of Lexington. §83-3.Use Regulations
<br /> Except as expressly set forth in this bylaw,Single-Use Plastic
<br /> ARTICLE 31: AMEND TOWN BYLAWS TO Beverage Straws and Stirrers shall not be distributed or sold
<br /> REDUCE/BAN SINGLE-USE PLASTIC at Food Establishments,Retail Stores,or Town Buildings and
<br /> BEVERAGE STRAWS AND STIRRERS Premises with a floor area of 10,000 square feet or more in
<br /> (Citizen Article) the Town of Lexington on or after January 1,2020.Single-Use
<br /> MOTION: That the Town amend its Code of Bylaws by Plastic Beverage Straws and Stirrers shall not be distributed or
<br /> adding a new Bylaw,Chapter 83,as follows: sold at Food Establishments,Retail Stores,or Town Buildings
<br /> and Premises with a floor area of less than 10,000 square feet
<br /> CHAPTER 83.SINGLE-USE PLASTIC BEVERAGE STRAW in the Town of Lexington on or after July 1,2020.
<br /> AND STIRRER REDUCTION
<br /> §83-4.Exceptions
<br /> §83-I.Purpose and intent A. In the event that compliance with this bylaw is not feasible
<br /> The purpose of this bylaw is to reduce and eliminate the sale by January 1,2020, for a Food Establishment or Retail Store
<br /> and distribution of Single-Use Plastic Beverage Straws and or a Town Building or Premises, (or by July 1,2020 for Food
<br /> Stirrers in all Food Establishments, Retail Stores, and Town Establishment or Retail Store or a Town Building or Premises
<br /> Buildings and Premises in the Town of Lexington. The pro- with a floor area less than 10,000 square feet), because of
<br /> duction and use of Single-Use Plastic Beverage Straws and either unavailability of alternative straws and stirrers or
<br /> Stirrers has detrimental impacts on the environment, is not economic hardship, the Town Manager or Town Manager's
<br /> recyclable in municipal programs, and requires the use of designee may grant a waiver of not more than six months
<br /> fossil fuel for their manufacture. upon application of the owner or owner's representative. The
<br /> By restricting the sale and distribution of Single-Use Plastic Town Manager or Town Manager's designee may provide one
<br /> Beverage Straws and Stirrers in Lexington and requiring additional six- month waiver upon showing of continued
<br /> those products to be replaced with Reusable or Compostable infeasibility or hardship,as set forth above.
<br /> products, this bylaw will help protect public health and the
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<br /> natural environment,waterways and wildlife.
<br /> 30 TOWN OF LEXINGTON 2019 ANNUAL REPORT
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