At the May 2022 Annual Town Meeting, Acton voters joined more than 50 other communities in the Commonwealth in approving a new bylaw related to polystyrene (aka Styrofoam™). The goals of the bylaw are protecting residents’ health and reducing a significant source of plastic pollution. The Polystyrene and Disposable Plastic Reduction Bylaw will allow Acton to eliminate much of the use of one of the most harmful plastics, and the litter produced from disposable plastic straws, stirrers, splash sticks, and chopsticks.
The ban on the use, sale, and distribution of polystyrene (resin code #6) and disposable plastic utensils will go into effect on January 1, 2023. This guide is intended to help businesses and residents make sense of the bylaw and implement it successfully; it is for informational purposes only. Specific questions about compliance issues should be directed to the Acton Health Department at 978.929.6632.
Who must abide by the bylaw?
(1) FOOD ESTABLISHMENTS: Operations that serve, vend, or otherwise provide food or other products to third parties for consumption and/or use on or off the premises.
(2) RETAIL ESTABLISHMENTS: Stores or premises that sell merchandise, goods, groceries, prepared take-out food, and/or beverages for consumption off premises, including, but not limited to, grocery stores, department stores, pharmacies, convenience stores, and seasonal and temporary businesses, such as farmers’ markets and food trucks.
What does the bylaw require?
• Food establishments are prohibited from using, selling, or distributing disposable plastic food service ware, knives, forks, and spoons made of polystyrene (in either foam or rigid form).
• Food establishments can no longer use, sell, or distribute any plastic straws, stirrers, splash sticks, or chopsticks (resin codes #1–7).
• If retail establishments plan to sell disposable plastic utensils, they must provide straws, stirrers, splash sticks, and/or chopsticks made of alternative materials, such as paper, bamboo, wood, or silicone; such items must be clearly labeled and displayed nearby the plastic items so consumers can readily make choices.
• Retail establishments are prohibited from selling items made of unencapsulated foam, such as coolers, floats, and packing peanuts.
How can we figure out whether something is made of polystyrene?
Polystyrene products sometimes, but not always, are marked with “PS” or the #6 resin code:
If the individual product is not marked, try looking for the resin code on the package it came in or on the dealer’s or distributor’s website; or contact the distributor or manufacturer directly to determine whether the item contains polystyrene.
What are the alternatives that can be used to replace products made of polystyrene?
The bylaw does not require that specific products be used in place of polystyrene, but allows businesses to weigh choices according to their interest in the “green” content, end-of-life options, and affordability. Acceptable alternative products include:
• reusable dishes, cutlery, cups, trays, etc.
• recyclable products: those that can be sorted, cleaned, and reconstituted using available recycling collection programs in order to manufacture a new product from the altered materials; items made of PET (resin code #1), aluminum, or polypropylene/PP (resin code #5) are examples of recyclables
• compostable products: items that are certified to be broken down into natural elements in an appropriate commercial composting facility; these products will not break down in backyard composters; Black Earth Compost, which serves the Acton Transfer Station and offers pick-up of compostable items/materials within Acton, says on its website: “Compostable products must be BPI, CMA, or OK Compost certified. Items that say biodegradable, compostable, or ASTM-6400 alone are NOT accepted”
• items made from plants, such as cellulose, sugarcane (bagasse), bamboo, or flax, or items that are derived from agricultural products, such as starch and lactic acid (PLA)
• paper and plastic-lined paper products
• packing materials such as shredded fiber, air pillows or bubble wrap, and corn starch packing peanuts
Below are some useful resources for determining the pros and cons of available alternatives:
• ebpsupply.com/blog/styrofoam-alternatives
• dec.ny.gov/docs/materials_minerals_pdf/epsrefguide.pdf
• webstaurantstore.com/47129/eco-friendly-disposables.html
Where can food establishments and retailers find alternative products?
Because a growing number of towns and states have banned polystyrene, and many large chain businesses have already switched away from polystyrene, restaurant supply distributors and retail distributors should be able to identify a range of non-polystyrene products.
Examples of sites offering alternatives to polystyrene include:
• therestaurantstore.com/categories/47129/eco-friendly-disposables
• greenpaperproducts.com/
• goodstartpackaging.com/tableware/
• ecoproducts.com/products.html
Will customers be able to get straws, coffee stirrers, or chopsticks in food establishments?
Yes. Food establishments can still provide customers with straws, stirrers, chopsticks, etc. made out of alternative materials (e.g., paper, wood, silicone, or plant fibers) either in self-service dispensers or on customer request. Food establishments will not be able to provide disposable plastic straws, stirrers, splash sticks, and chopsticks.
Will stores have to stop using foam trays for meat, fish, and produce, and stop selling eggs in foam cartons?
It depends. Any food or retail establishment that requires a food permit in accordance with Massachusetts State Food Code 105 CMR 590.000 and/or regulations of the Acton Board of Health cannot use polystyrene trays to package or serve meat, fish, produce, or other foodstuffs prepared in the Town of Acton. The ban does not apply to food that is originally packaged outside of Acton and not repackaged before being sold by the retailer.
Doesn’t Acton recycle polystyrene?
The Acton Transfer Station and Recycling Center accepts only clean white Styrofoam™, such as coolers or packing peanuts. It does not accept food containers or other polystyrene items.
Aren’t alternative products much more expensive?
Not necessarily. Food and retail establishments have considerable leeway, across a wide range of options, in choosing items that are workable and affordable for their particular needs. Both a foil take-out container with a paper lid and a hinged sugarcane take-out container are cheaper than a polystyrene foam clamshell, for example. A 10-ounce paper hot cup with a lid is the same price as a foam one, and a paper plate or PFAS-free bagasse plate is less expensive than a laminated foam one. Some “fancier” choices, such as palm leaf or bamboo plates and bowls, do exist but are more expensive than their polystyrene counterparts.
Won’t this ban create a hardship for businesses?
The Acton Board of Health may exempt a food or retail establishment from any provision of the bylaw for up to six months if it finds that strict enforcement would cause undue hardship or if an establishment requires additional time to draw down inventory.
What can consumers do?
Consumers always have the choice to bring their own cutlery or utensils to a food establishment. Even before January 2023, we can ask retailers who are not yet offering alternatives to polystyrene to begin stocking better options. We can support and encourage Acton businesses who have already made the switch away from polystyrene and help to spread the word or provide information to businesses who have not yet done so. Finally, we can contact our state legislators and ask them to support bills (currently stuck in committee on Beacon Hill) that would create a statewide ban on polystyrene, as other states — including Maine, Maryland, New York, New Jersey, and Vermont — have done.
THANK YOU to the many volunteers, local businesses, local leaders and officials, and folks of good will who collaborated to make this key step possible. Each small action helps our environment. For suggestions or general questions, email banthebagacton@gmail.com. For help with specific situations and compliance questions, contact the Acton Health Department at 978.929.6632.
You indicate that Acton doesn’t recycle polystyrene, except for clean coolers, packing, etc. Is there any other way/place to recycle the styrofoam food packing trays? We used to take them to the transfer station and put them in the ‘food tray’ barrel, which they then stopped providing. I found out later that those were thrown out, so as not to contaminate the ‘clean’ styrofoam. It’s frustrating to have to throw out something that has a recycle symbol on it.
Yes it is frustrating to have to throw these trays into trash. The goal of the Polystyrene bylaw is to ban the use of these food packing trays in Acton. This goes into effect Jan 1, 2023. Check out What Can Consumers Do in the FAQ. Once the ban is in effect and you are aware of non-compliance, speak to the store’s manager. If that doesn’t work you can report non-compliance to the Acton Health director.
Is there any exception for straws for small children? Paper straws don’t work because they seal shut as soon as a child bites them.
Hi Sam: Retail stores can offer plastic straws as long as they have alternatives on sale next to the plastic. Otherwise we recommend that parents bring straws that work for their children.