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Fast Facts About the Straw Ordinance

Posted on: October 2, 2019 - 3:38pm

Beginning December 1, 2019, a new straw ordinance will take effect in the City of Melrose. It is not a ban on plastic straws, but rather an attempt to reduce waste and encourage people to think carefully about their straw use. 

Under the new ordinance,

  • Restaurants and other businesses that serve drinks for immediate consumption will not automatically provide plastic straws to customers. 
  • If a customer asks for a straw, the business may give them one.
  • Straws made of paper or other non-plastic materials can be freely provided as well.
  • Customers may bring their own straws for use in restaurants or other businesses. 
  • The ordinance does not prohibit the sale of packages of plastic straws in retail stores.
  • Businesses are prohibited from providing plastic stirrers with drinks.

The Board of Health is responsible for enforcing this ordinance.

The full text is below.

Complete Ordinance:

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Section 1. Purpose and Intent.

This ordinance is enacted for the purpose of reducing the distribution of single use plastic straws and beverage stirrers by all Business Establishments.

 

Section 2. Definitions

*“Business Establishment”means the following businesses: a retail store; general department store; restaurant and take-out restaurant, and any other common victualler, serving hot or cold liquid, slurry, frozen, semi-frozen, or other forms of beverages to the public for consumption; bar, tavern, lounge; not including supermarkets, pharmacies, hospitals, nursing homes or nursing care or assisted living facilities or doctors or nurses or Emergency Medical Technicians providing straws to patients.
 

“City Event”means any event organized or sponsored by the City of Melrose,  any department of the City of Melrose, or on the premises of any city-owned premises.
 

**“Plastic Beverage Straw” means a tube made predominantly of plastic derived from either petroleum or a biologically based polymer, such as corn or other plant sources, for transferring a beverage from its container to the mouth of the drinker. “Plastic Beverage Straw” includes compostable and biodegradable petroleum or biologically based polymer straws, but does not include straws that are made from non-plastic materials, such as, but not limited to, paper, sugar cane, and bamboo.
 

**“Plastic Beverage Stirrer”means a device that is used to mix beverages, intended for only one-time use, and made predominantly of plastic derived from either petroleum or a biologically based polymer, such as corn or other plant source. “Plastic Beverage Stirrer” includes compostable and biodegradable petroleum or biologically based polymer stirrers, but does not include stirrers that are made from non-plastic materials, such as, but not limited to, paper, sugar cane, wood and bamboo.

 

Section 3. Use Regulations.

A. Effective December 1, 2019, Plastic Beverage Straws shall not be used or dispensed or sold in conjunction with the serving by Business Establishments, or at any City Event, of hot or cold liquid, slurry, frozen, semi-frozen, or other forms of beverages to the public for consumption, unless requested by a customer or other patron. If requested, the customer shall be advised not to dispose of it if intending to use a plastic straw for more than one beverage, as only one plastic straw shall be provided each customer, unless otherwise requested. 

 

B. Effective December 1, 2019, Plastic Beverage Stirrers shall not be used or dispensed or sold in conjunction with the serving by Business Establishments or at any City Sponsored Event of hot or cold liquid, slurry, frozen, semi-frozen, or other forms of beverages to the public for consumption. 

 

C. Nothing in this ordinance prohibits the sale of Plastic Straws by supermarkets and pharmacies in packages, not in conjunction with the service of hot or cold liquid, slurry, frozen, semi frozen, or other forms of beverages to the public for consumption.

 

D. Nothing in this ordinance prohibits customers from using their own straws of any material for personal use in any Business Establishment.

 

Section 4. Enforcement.

This ordinance may be enforced by any agents of the Board of Health. This ordinance may be enforced through any lawful means in law or in equity, including, but not limited to, non-criminal disposition pursuant to G.L. c.40, §21D by which any Business Establishment which violates any provision of this regulation shall be subject to the following penalties:

 

First Offense: written warning

2nd Offense:  $25 fine

3rd and Subsequent Offenses: $50.