Town of Arlington, Town Bylaws, Title VIII (Public Health and Safety)

Citation: Town of Arlington, Town Bylaws, Title VIII (Public Health and Safety)
Jurisdiction: Arlington (municipal)
Source: Official source
Original Source: https://www.arlingtonma.gov/town-governance/laws-and-regulations/town-bylaws/... ↗

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B. Retail Establishments: Effective January 1, 2020, retail establishments shall be prohibited from selling or distributing polystyrene disposable food service containers made from foam polystyrene within the Town of Arlington.

C. Exemptions: This bylaw shall not apply to:

1. Polystyrene foam packaging peanuts;

2. Prepackaged meat and produce trays, egg cartons, and other food or beverage products bought from or packaged by any supplier located outside of Arlington; or

3. Polystyrene foam freezer chests.

Section 4. Penalties and Enforcement

A. Each food establishment or retail establishment, as defined in Section 2, located in the Town shall comply with this bylaw.

1. If it is determined that a violation has occurred, the Director, or his or her designee in the Department, shall first issue a "warning notice" to the food establishment or retail establishment for a first time violation.

2. If after 14 days from receipt of the warning notice, the food establishment or retail establishment continues to violate this bylaw or commits a second violation, the Director shall issue a notice of violation and shall impose a penalty against the food establishment or retail establishment.

3. The penalty for each violation that occurs after the issuance of the warning notice shall be no more than:

(i) $50 for the first offense;

(ii) $100 for the second offense;

(iii) $150 for the third and all subsequent offenses.

4. No more than one penalty shall be imposed upon a food establishment or retail establishment within a seven calendar day period.

5. A food establishment or retail establishment shall have 15 calendar days after the date that a notice of violation is issued to pay the penalty or request a hearing in writing to the Director.