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1. What is the purpose of the bylaw?

The purpose of this Bylaw is to prohibit the use and distribution of expanded and clear or rigid polystyrene in food service ware and packaging material in the Town of Maynard.

2. What is Polystyrene?

Polystyrene is a synthetic resin, used chiefly as lightweight rigid foams and solid containers. Clear or Rigid polystyrene is generally used to make clear clamshell containers, clear or colored lids, and utensils. Expanded polystyrene includes both blown polystyrene and expanded and extruded foams. Foam polystyrene is generally used to make cups, bowls, plates, trays, clamshell containers, meat trays, and egg cartons

3. When does the bylaw take effect?

The bylaw will apply to food and retail establishments July 26, 2022.

4. What are some options to replace polystyrene?

Acceptable replacements can be reusable OR biodegradable OR Recyclable.

If you are unsure if your container meets the regulation, have the manufacturer or distributer confirm if the packaging meets the regulation. Have them provide a letter stating how it complies, such as:

• The product meets ASTM Standards D6400 or D6868, or
• The product is accepted in Maynard's Single Stream recycling. (However, plastics labeled number 6 are not acceptable)

5. Will businesses be fined for noncompliance?

Yes, any food or retail establishments using or distributing polystyrene in violation of this bylaw shall be subject to a non-criminal disposition fine as specified in Appendix A of the Regulations for Enforcement of Town Bylaws under M.L.G. Chapter 40, Section 21D and the Bylaw for Non-Criminal Disposition of Violations. The following penalties shall apply: 1st offense, warning; 2nd offense, $50; 3rd offense $100 and appearance in front of the Board of Health; 4th and each subsequent offense $200.

6. Are there any exceptions?

Yes, there are several exemptions.

A 6-month exemption is available if compliance causes an undue hardship for your business. Submit a Hardship Application to the Board of Health, PRIOR TO July 26, 2022, explaining how compliance would have a negative impact on your business. Examples include financial burdens, excessive existing inventory, issues sourcing compliant products, etc.

Download the Hardship Application Form (PDF).

The bylaw does not apply to non-commercial retail establishments.

Food or goods packaged or prepared outside the Town of Maynard is exempt from the provisions of this Bylaw, provided such food is not altered, packaged, or repackaged within town limits.

Coolers and ice chests that are wholly encapsulated in a durable material and intended for reuse are exempt from the provisions of this Bylaw.

7. Is my establishment responsible for composting biodegradable packaging?

No.