THE REVERE ADVOCATE – FRIDAY, OCTOBER 29, 2021 Page 21 Public Hearing Notice City of Revere, MA Notice is hereby given that the Revere City Council will conduct a public hearing on Monday evening, November 8, 2021 at 6:00 p.m. in the City Councillor Joseph A. DelGrosso City Council Chamber, Revere City Hall, 281 Broadway, Revere, MA 02151 on the following proposed amendment to the Revised Ordinances of the City of Revere: Be it ordained by the City of Revere as follows: AN ORDINANCE ESTABLISHING REGULATIONS FOR SUSTAINABLE FOOD WARE AND PACKAGING Section 1. The Revised Ordinances of the City of Revere are hereby amended by inserting the following new section. Section 8.04.100 Sustainable Food Ware and Packaging Regulations A. DEFINITIONS. The following words and phrases shall, unless context clearly indicates otherwise, have the following meanings: 1. BIODEGRADABLE Entirely made of organic materials such as wood, paper, bagasse or cellulose; or bioplastics that meet the American Society for Testing and Materials (ASTM) D7081 standard. of plastics used as coatings on a compostable substrate. Compostable materials shall also include products that conform to ASTM or other third-party standards (such as Vinçotte) for home composting. Any compostable product must be clearly labeled with the applicable standard on the product. for one-time or non-durable uses on or in which any food vendor directly places or packages prepared foods or which are used to consume foods. This includes, but is not limited to, service ware for takeout foods and leftover food from partially consumed meals prepared at food establishments. 4. DIRECTOR refers to the Director of Municipal Inspections or the Director’s designee. 5. FOOD ESTABLISHMENT An operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption. This includes, without limitation, restaurants and food trucks. 6. PACKING MATERIAL Polystyrene foam used to hold, cushion, or protect items packed in a container for shipping, transport, or storage. This includes, without limitation, packing “peanuts”; and shipping boxes, coolers, ice chests, or similar containers made, in whole or in part, from polystyrene foam that is not wholly encapsulated or encased within a more durable material. 7. POLYSTYRENE There are two basic forms, Foam and Rigid Polystyrene. Foam includes without limitation blown, expanded (EPS), and extruded foams such as “Styrofoam,” a Dow polystyrene is generally used to make clear clamshell containers, cups, plates, lids, and utensils. within the City, regardless of whether it is consumed on or off the premises. 9. RECYCLABLE Material that can be sorted, cleansed, and reconstituted using the City’s curbside municipal collection programs for the purpose of using the altered form in the manufacture of a new product. “Recycling” does not include burning, incinerating, converting, or otherwise thermally destroying solid waste. stores, restaurants, retail stores and vendors selling clothing, food, and personal items, and dry-cleaning services. 11. REUSABLE Products that will be used more than once in its same form by a food establishment. Reusable also includes cleanable durable containers, packages, or trays used on-premises or returnable containers such as soft drink bottles and milk containers that are designed to be returned to the distributor and supplier for reuse as the same food or beverage container. B. PROHIBITED USE AND DISTRIBUTION OF FOOD WARE AND PACKAGING 1. Food establishments are prohibited from providing prepared food to customers using polystyrene, polyvinyl chloride or polyethylene terephthalate food service ware. 2. Food establishments using any disposable food service ware shall use biodegradable, compostable, reusable or recyclable food service ware. All food establishments are strongly encouraged to use reusable food service ware in place of using disposable food service ware for all food served on premises. 3. Retail establishments are prohibited from selling or distributing polystyrene food service ware to customers. 4. Retail establishments are prohibited from selling or distributing polystyrene foam packing material to customers. C. EXEMPTIONS 1. Foods prepared or packaged outside the City are exempt from the provisions of this chapter. of disposable food service ware would cause undue hardship to the establishment. the one-year exemption period and demonstrate continued undue hardship if the establishment wishes to have the exemption extended. The Director’s decision to grant or deny an exemption 4. Straws are expressly allowed under this section and shall be exempt from the regulations contained herein. D. PENALTIES AND ENFORCEMENT 2. If it is determined that a violation has occurred, the Director shall issue a warning notice to the Food or Retail establishment for the initial violation. 3. If an additional violation of this law has occurred within one year after a warning notice has been issued for an initial violation, the Director shall issue a notice of violation and shall impose a penalty against the Food or Retail establishment. 4. The penalty for each violation that occurs after the issuance of the warning notice shall be no more than: 5. No more than one (1) penalty shall be imposed upon a Food or Retail establishment within a seven (7) calendar day period. E. SEVERABILITY If any provision or section of this ordinance shall be held to be invalid, then such provision or section shall be considered separately and apart from the remaining provisions or sections of this law, which shall remain in full force and effect. F. EFFECTIVE DATE The provisions of this ordinance shall take effect on July 1, 2022. Monday through Thursday from 8:15 A.M. to 5:00 P.M. and Friday 8:15 A.M. to 12:15 P.M. Written testimony on this public hearing may be submitted to amelnik@revere.org or by mail to the October 29, 2021
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