Freeport, ME Styrofoam

Freeport, Maine Styrofoam

Type: Ordinance

Status: Adopted

Full Ordinance:

http://www.freeportmaine.com/codes/chap33.doc

                  CHAPTER 33   STYROFOAM ORDINANCE

Whereas, the Council finds that:

1. Located in Maine on the shore of the North Atlantic Ocean, an

    area known world-wide for its natural beauty, fish and other 
    wildlife, the Town of Freeport believes that it has an obligation 
    to maintain and preserve its special natural environment;

2. Maintenance of Freeport as litter-free as possible is important

    to protect and preserve its natural environment and enhance its 
    quality of life for residents and visitors;

3. The United Nations Environmental Programme Diplomatic Conference

    in Montreal (Montreal Protocol on Substances that Deplete the 
    Ozone Layer) acknowledged the threat of chlorofluorocarbons to 
    the earth's atmosphere and established international goals for 
    the phased reduction of the manufacture and use of specific 
    chlorofluorocarbon compounds ("CFC's").  The Town of Freeport 
    supports international and federal efforts to reduce the 
    non-essential use of chlorofluorocarbons.;

4. The Federal Environmental Protection Agency reports that foam

    products account for 28% of ozone-depleting potential of CFC's.  
    Blowing agents used in the production of non-CFC PSF's create 
    hazardous earth-level smog;

5. The Federal Environmental Protection Agency has issued a national

    municipal waste strategy calling for a 25 percent reduction in 
    solid waste by 1992.  The strategy, titled "The Solid Waste 
    Dilemma: An Agenda for Action", includes the promotion of 
    recycling.  The State of Maine is considering how to implement 
    this strategy;

6. The State of Maine has banned the service of food and beverages

    in polystyrene foam containers at facilities or functions of the 
    State or its political subdivisions effective January 1, 1990 
    (38 MRSA Section 1651 et seq.);

7. Readily disposable consumer plastic containers and wrappers

    (including those made from polystyrene foam) are essentially not 
    biodegradable and as litter do not decompose over time into the 
    natural environment;

8. The use of readily disposable consumer plastic containers and

    wrappers has increased annually and projections indicate a 
    significant growth in their use;

9. Plastic litter, particularly polystyrene foam, poses a threat to

    the natural environment, including fish and other wildlife;

10. This Ordinance will serve the public interest by reducing the

    amount of non-biodegradable waste littering Freeport as a portion 
    of any substitute packaging is expected to be composed of 
    biodegradable material in whole or in part.  Polystyrene foam 
    litter is highly durable, buoyant, and non-biodegradable and, 
    therefore, persists and detracts from the appearance of the area 
    longer than many other types of litter;

11. At the present time there is no Recycling Program in Freeport for

    polystyrene foam food or beverage containers;

12. Some other commonly used food packaging materials are also

    non-biodegradable and contribute to litter problems; 
    nevertheless, the Council finds that it is appropriate to 
    regulate polystyrene foam food packaging while not regulating 
    other types of food packaging at this time for the following 
    reasons:

    A.   To minimize disruption in the food services and sales 
         industry, the Council should avoid banning a wide range of 
         packaging materials at one time.  It might be appropriate to 
         ban other packaging materials in the future, but an 
         incremental approach to eliminating undesirable packaging 
         materials will cause less disruption and allow the Town to 
         handle enforcement in more manageable stages;

    B.   Polystyrene foam is the most commonly used non-reuseable 
         food packaging material for prepared foods in restaurants 
         and food service establishments in Freeport and, therefore, 
         prohibiting its use for such purpose and its sale at retail 
         will be the most effective way of reducing non-biodegradable 
         litter in Freeport;

    C.   Ingestion of polystyrene foam particles has been identified 
         as a hazard to wildlife, while this problem has not been 
         associated with other food packaging materials.

NOW, THEREFORE, BE IT ORDERED:

1. On and after January 1, 1990, no retail food vendor shall serve

    or sell prepared food and no food packager shall package meat, 
    eggs, bakery products or other food in polystyrene foam (PSF) 
    containers;

2. On and after January 1, 1990, no vendor in the Town of Freeport

    who sells tangible personal property at retail shall sell 
    polystyrene foam food or beverage containers;

3. Violations of this Ordinance shall be punishable by fines as

    follows:

   A.   A fine not exceeding $250 for the first violation in a 
        one-year period;

    B.   A fine not exceeding $500 for the second and each subsequent 
         violation in a one-year period;

4. Provided nevertheless that the effective date of this Ordinance

    shall be postponed if and as long as there is developed and 
    maintained an effective Town-wide Recycling Program for 
    polystyrene foam food and beverage containers, as determined by 
    the Town Council;

5. Definitions. As used in this Ordinance the following terms have

    the following meanings:

    A.   "Biodegradable" means material capable of being broken down 
         by micro-organisms into simple substances or basic elements;

    B.   "Chlorofluorocarbons" are the family of substances 
         containing carbon, fluorine and chlorine;

    C.   "Food Packager" means any person located within the Town of 
         Freeport who places meat, eggs, bakery products, or other 
         food in packaging materials for the purpose of retail sale 
         of those products;

    D.   "Prepared food" means food or beverages which are served at 
         the food vendor's location having been previously prepared 
         elsewhere or are prepared at the vendor's location by 
         cooking, chopping, slicing, mixing, brewing, freezing or 
         squeezing.  "Prepared food" does not include any raw 
         uncooked meat or eggs.  Prepared food may be eaten either on 
         or off premises;

    E.   "Person" means any natural person, firm, corporation, 
         partnership, or other organization or group however 
         organized;

    F.   "PSF" means polystyrene foam;

    G.   "Recycling Program" - a process whereby used materials are 
         separated from the solid waste stream and utilized as a raw 
         material in the manufacture of a new product or for new 
         economic use;

    H.   "Restaurant" means any establishment located within the Town 
         of Freeport selling prepared food to be eaten by customers.  
         Restaurant includes a sidewalk or other outdoor food vendor;

    I.   "Retail Food Vendor, Vendor" means any person, restaurant, 
         store, shop, sales outlet or other establishment, including, 
         without limitation, a grocery store, convenience or variety 
         store or a delicatessen located within the Town of Freeport 
         which sells prepared food;

If any part or provision of this Ordinance or the application thereof to any person or circumstances is held invalid, the remainder of the Ordinance, including the application of such part or provision to other persons or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable.