POLYSTYRENE FOOD CONTAINER BYLAW
A step toward sustainable, non-toxic packaging from natural materials
What is Polystyrene?

Form of petroleum based plastic that can be made into a
foam (often referred to by the Dow Chemical trademark
name as “Styrofoam”.)

Polystyrene can also be made into a stiff plastic (often
used for containers, lids, straws and utensils)

In the food service industry is it most commonly used to
make food and beverage containers and associated items

It is identified by a #6 plastic symbol.
PS
www.dartcontainer.com
The case against Polystyrene
Health Effects:
 Polystyrene is based on styrene, a neurotoxin and probable carcinogen.
This is the only plastic used in food packaging that is based on a carcinogen
 Polystyrene products may leach styrene when exposed to hot or greasy foods
 Styrene residues are found in 100% of human fat tissue samples
Environmental Effects:
 Polystyrene does not biodegrade. The foam form takes up lots of room in landfills.
 Estimates of longevity range from hundreds to thousands of years.
 Even when properly disposed, polystyrene often ends up as litter due to its light weight.
 Production produces a large amount of hazardous waste and air pollution
 Polystyrene harms wildlife. At least 267 marine
species have been affected by polystyrene litter
 Polystyrene is made from
non-renewable fossil fuels
 Cannot be recycled
Overview of the Polystyrene
Food Container Bylaw

Eliminates for the use of polystyrene (Styrofoam and other
forms) for food and beverage containers for prepared foods and
associated service items such as lids, straws and utensils

Encourages the use of environmentally friendly alternatives

Allows the use other non-toxic forms of plastic for prepared
food and beverage containers

Preserves the use of polystyrene packaging for meats (typically
found in a grocery store), egg cartons, etc. and for sale to
consumers
No longer acceptable for food establishments
that offer prepared food (typically for take out)
www.webstaurants.com / www.brenmarco.com
Many alternatives are available

Recycled Paper Products

Conventional/Virgin Paper Products

Foil products

Compostable products

Biodegradable Products

Other types of plastic
Businesses do need time to adapt
The effective date is January 1, 2018
Provides 8 months to use up existing inventory and
stock alternatives
A restaurant can request up to 6 months extension if this is a hardship
Why not seek voluntary compliance
rather than a bylaw?

Experience shows that a national chain establishment will comply
with a law but will not voluntarily abandon the company’s standard
practices or internal policy.

Small merchants want fairness, “a level playing field”. As one
Wayland owner stated, “I have no problem with a ban as long as it
applies to everyone”.
How is the ban enforced?
What is the cost to the town?

Enforcement, if needed, will be done by Board of Health via Health Dept.

There is a human health risk associated with polystyrene

In towns with a ban, the health dept is usually the responsible agency

There should be little cost to the town

Outreach and education for Wayland food establishments can be done by
Transition Wayland with cooperation and support by Board of Health

For monitoring, the BOH can elect to rely entirely on citizen complaints


No additional inspection time is required

Once a restaurant stocks alternatives there is little probability of going against
the bylaw and reverting to polystyrene

National chain establishments will surely comply

Compliance has not been an issue in other towns that have banned polystyrene
$1000 is provided for mailings, flyers, posters and other incidentals
Some Implementation and Enforcement reports
from other towns

South Hadley (population 17,681)
Implementation was not significant. Health Dept. sent a letter to the food establishments and
prepared a “Polystyrene Free” sign for businesses to display at their option
 Enforcement: Citizen monitoring is effective. The food inspector easily checks to see if there
are foam containers. No additional cost.
 Great Barrington (population 6,945):
 Implementation: Nothing noteworthy to report.
 Enforcement: Food inspector looks to see if there are foam containers. No additional cost just to
check for these. Has issued warnings and a few citations.
 Concord (population 19,535):
 Concord ban is much more comprehensive than Wayland bylaw
 Affects store sales of polystyrene products
 Bans all use of polystyrene containers such as for meats and eggs in a grocery store
 Implementation has been limited to sending out a couple of letters, a notice in the paper and
putting information on the town web site.
 Enforcement: Concord plans to do inspections after the effective date with a part-time,
temporary staff member.


Brookline (population 59,334)
Implementation: Brookline was the first large municipality to implement a ban
Choose to do an all-out effort. Staff met with every food service establishment owner.
The subsequent experience of other towns demonstrates that this level
of effort by this “pioneering” municipality is not required.
 Enforcement: Some non-compliance letters have been issued.



Polystyrene is bad stuff
We can live without it



20 Massachusetts cities and towns have
polystyrene bans
Amherst
Brookline
Cambridge
Concord
Dennis
Great Barrington
The list is growing, Wayland should be one of them
Hamilton
Wayland is not breaking new ground
Ipswich
Lee
Lenox-BoH
Our local action is important to build
momentum for a state-wide ban
Achieving a state wide ban is not a realistic possibility
without demonstrated local level commitment
through local action
Marblehead
Nantucket
Pittsfield
Somerville
South Hadley-BoH
Westfield-BoH
Westford
Williamstown
Winthrop