By Bill Schmidt
On September 13, 2022, the Winthrop Board of Health approved a Regulation to Prevent the Release of Black Plastic into the Environment by prohibiting the purchase, sale, distribution, and use of any black plastic disposable food service ware in any food establishment or retail establishment in Winthrop.
The regulation went into effect as of January 1, 2023, but the regulation established a six-month delay until the enforcement of its provisions as of July 1, 2023. As of that date, no Food Establishment or Retail Establishment may use, sell, offer for sale, or otherwise distribute disposable food service ware made from black plastic, or meat trays, fish trays, seafood trays, vegetable trays, or egg cartons made in whole or in any part with black plastic.
The Board of Health may exempt a food establishment or retail establishment from any provision of this regulation for a period of up to six months upon written application by the owner or operator of that establishment to the Town’s Inspectional Services Department.
No exemption will be granted unless the Board of Health finds that (1) strict enforcement of the provision for which the exemption is sought would cause undue hardship; or (2) the food establishment or retail establishment requires additional time in order to draw down an existing inventory of a specific item regulated by this regulation.
For purposes of this regulation, “undue hardship†shall mean a situation unique to a food establishment or retail establishment in which there are no reasonable alternatives to the use of materials prohibited by this regulation, and that compliance with this regulation would create significant economic hardship for the Establishment.
Nothing in this regulation shall prohibit individuals from using disposable food service ware or other items made of black plastic purchased outside Winthrop for personal use.
The Town’s Inspectional Services Department, when it is doing its semi-annual restaurant and store inspections, will issue necessary enforcement warnings and fines for violations.
Bill Schmidt is the Chair of the Winthrop Board of Health.