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1. What is a Plastic Reduction & Sustainability Ordinance?

Food establishments are prohibited from providing prepared food to customers using polystyrene, polyvinyl chloride, polyethylene, polyethylene terephthalate, or other nonrecyclable disposable food service ware. Retail establishments are prohibited from selling or distributing polystyrene food service ware to customers. This includes the sale of polystyrene ware for home food use. Food establishments must provide disposable food service ware accessories only upon request by customers or at a self-serve station.

The new ordinance replaces the single-use plastic bag ban (Section 272-18, below) since it incorporates the prohibition on single-use plastic bags. 

2. Who is affected by this ordinance?

All sales outlets, stores, shops, restaurants, markets, supermarkets, clubs, pharmacies, or other places of business located within the City of Northampton that sell or convey merchandise directly to the ultimate consumer.

On January 21, 2021, the Northampton City Council approved a new plastic reduction ordinance, which bans styrofoam and non-recyclable plastic take-out containers and instead requires prepared food to be packaged in biodegradable, recyclable, reusable or compostable containers. See a full copy of the ordinance here. This new ordinance replaces the single-use plastic bag ban (Section 272-18) since it incorporates the prohibition on single-use plastic bags. 

3. When does this ordinance take effect?

On January 21, 2021, the Northampton City Council approved a new plastic reduction ordinance, which bans styrofoam and non-recyclable plastic take-out containers and instead requires prepared food to be packaged in biodegradable, recyclable, reusable or compostable containers. The ordinance took effect on January 1, 2022. This ordinance replaces the single-use plastic bag ban (Section 272-18) since it incorporates the prohibition on single-use plastic bags. 

4. What types of bags and containers can I use?

Reusable bags - bags that have a thickness greater than 3.0 mils and are specifically designed for multiple uses and are made of thick recyclable plastic, cloth fabric, or other durable materials that do not decompose into harmful chemical components. A reusable bag may be recyclable or compostable and is specifically designed and manufactured for reuse. Biodegradable bags - Bags that: (1) contact no polymers derived from fossil fuels; and (2) are intended for single use and will decompose in a natural setting to an environmentally beneficial material at a rate comparable to other biodegradable materials such as paper, leaves, and food waste. Compostable plastic bags - plastic bags that: (1) conform to the current America Society for Testing and Materials International D6400 for compostability; (2) are certified and labeled as meeting the ASTM D6400 standard specification by a recognized verification entity; and (3) conform to any other standards deemed acceptable by this section.

Food establishments using any disposable food service ware shall use biodegradable, compostable, reusable, or recyclable food service ware. 

5. Are there exemptions?

Yes, flexible transparent covering (commonly referred to as plastic wrap); thin-film plastic bags used to contain dry cleaning or newspapers, typically without handles. Product bags are not exempt from this ordinance’s prohibitions; packaging utilized for prescription drugs. 

• The Mayor's designee may exempt a food or retail establishment from the requirements of this ordinance for a period of up to one (1) year, upon a finding by the Mayor's designee that the requirements of this ordinance would cause undue hardship to the establishment. The Mayor's designee may approve two (2) additional 6-month periods upon the showing of a continued undue hardship. 
• Any food or retail establishment receiving an exemption shall file with the Mayor's designee monthly reports on inventory and remaining stocks.
• Any food or retail establishment seeking an exemption shall apply to the Mayor's designee using forms provided by the Health Department and shall allow the Mayor's designee, or his or her designee, to access all information supporting its application. 
• The Mayor's designee may approve the exemption request, in whole or in part, with or without conditions.
• The Mayor's designee, by regulation, may establish a fee for exemption requests.  

6. What happens if I do not comply?

If it is determined that a violation of this ordinance has occurred, the Mayor's designee (Health and Human Services Inspectors) shall issue a warning notice for the initial violation. 

If an additional violation of this ordinance has occurred within one year after a warning notice has been issued for an initial violation, the Mayor's designee shall issue a notice of violation and shall impose a penalty against the food or retail establishment. Each penalty of this ordinance’s clauses shall be no less than:

1. $50 for the first offense
2. $100 for the second offense and all subsequent offenses
   

Payment shall be made within twenty-one (21) days to the City Clerk. Non-payment of such fines may be enforced through civil action in the Northampton District Court. No more than one (1) penalty shall be imposed upon a food or retail establishment within a seven (7) calendar day period.