Styrofoam & Plastic Bag Ordinances
ORDINANCE BANNING SINGLE-USE EXPANDABLE POLYSTYRENE FOAM PACKAGING (CHAPTER 0028)
0028 - Section 1. Definitions.
- a) “Packaging” shall mean all food and beverage related wrappings, bags, boxes and containers.
b) “Styrofoam” shall mean single-use expandable polystyrene foam products including cups, bowls, plates, takeout containers and trays.
c) “Retail Food and/or Beverage Establishment” shall mean any restaurant, food operation public or private, or any other place, other than a private residence, where food and drink is prepared or served, with or without charge for consumption on or off the premises, including any catering establishment or any eating place, whether fixed or mobile, restaurant, bar, cafe, cafeteria, public or private school, hospital, private club, coffee shop, sandwich stand, or any other type of food service operation.
d) “Prepared” shall mean ready for immediate consumption.
0028 - Section 2. Prohibition.
No retail food and/or beverage establishment located and doing business within the Town of Greenfield [now the City of Greenfield] shall sell or convey food or beverage directly to consumers within the Town of Greenfield [City of Greenfield] if such food and/or beverage is placed, packaged, or wrapped in Styrofoam.
0028 - Section 3. Regulations.
The Department of Health of the Town of Greenfield [City of Greenfield] may issue and promulgate such rules and regulations as may be necessary to implement and carry out the provision of this law. 0028 - Section 4. Enforcement.
- a) The Health Department or any entity serving as such or their authorized agent may enter any retail food or beverage establishment in the Town of Greenfield [City of Greenfield] where there is just cause to suspect the use of any packaging prohibited by this ordinance and abate or cause to be abated such use.
0028 - Section 5. Penalties. Any retail food and/or beverage establishment failing to comply with Section 2 of this ordinance shall be penalized by a noncriminal disposition as provided in MGL c. 40, §21D of not more than $25.00 for each day such violation continues to exist. The Town of Greenfield [City of Greenfield] is an Affirmative Action/Equal Opportunity Employer, a designated Green Community and a recipient of the “Leading by Example” Award.
0028 - Section 6. Effective Date.
This ordinance shall become effective four months from the date of passage. [Ordinance was passed in June, 2016.]
CHAPTER 256 [This article was originally adopted as Ch. 343, but was renumbered as Ch. 256, Art. I, to maintain the organizational structure of the Code. You can read Ch. 256 here.]
ORDINANCE PROHIBITING SINGLE-USE CARRYOUT BAGS
On January 16, 2019 the Greenfield Town Council voted to adopt a ban on single-use plastic bags. This ban took effect on January 16, 2020.
Retailers are prohibited from providing Single-Use Carryout Bags to customers. Single-use Carryout Bags are those made of plastic, paper, or other material provided by a Retail Establishment to a customer at the point of sale, and that is not a Recyclable Paper Bag or Reusable Bag. Bags provided by a pharmacy for prescription purchase, non-handled bag used to protect items from damage or contamination, bags to contain unwrapped food items, non-handled bags that are placed over articles of clothing on a hanger, or bags made of paper with dimensions fewer than 144 square inches on the largest side and weight of 35 pounds or fewer for purposes of transit are exempt.
Restaurants drawing 80% or more of their revenue from sale of prepared foods, liquor stores, and bazaars operated by nonprofit organizations or religious institutions are exempt. Additionally, food pantries, soup kitchens, and other governmental and not-for-profit agencies that distribute food or other products to the needy free of charge are also exempt.