FALMOUTH BAN ON SALE OF SINGLE-USE PLASTIC WATER BOTTLES EFFECTIVE SEPTEMBER 1, 2021
As of September 1, 2021, all businesses located in the Town of Falmouth are prohibited from selling non-carbonated, unflavored drinking water in single-use plastic bottles of less than one gallon. This bylaw was adopted by a vote of Falmouth Town Meeting in September 2020. The bylaw includes penalties up to $300 per day for violations.
The Falmouth Health Department has been charged with enforcement of this bylaw. Notices have been sent by the Health Department to all local businesses that hold food permits. The Town is also collaborating with the Falmouth Chamber of Commerce to get the word out to further ensure local businesses are aware of this new bylaw. Further information regarding the application of this bylaw will be posted online at www.falmouthma.gov/273/Health.
For more information or to report a potential violation after September 1st, contact the Health Department at: (508) 495-7485 or health@falmouthma.gov.
Chapter 191. Solid Waste
Article V. Prohibition of Sale of Single-Use Plastic Water Bottles
[Adopted 9-14-2020 AFTM by Art. 33, approved 12-22-2020]
§ 191-41. Sale of single-use plastic water bottles.
Effective on September 1, 2021, it shall be unlawful to sell non-carbonated, unflavored drinking water in single-use plastic bottles of less than one gallon in the Town of Falmouth. Enforcement of this regulation will begin September 1, 2021.
§ 191-42. Definitions.
SINGLE-USE PLASTIC BOTTLE
A beverage container made from any type of plastic resin.
§ 191-43. Exemptions.
Sales or distribution of non-carbonated, unflavored drinking water in single-use plastic bottles occurring subsequent to a declaration of emergency (by the Emergency Management Director or other duly authorized Town, County, Commonwealth or Federal official) affecting the availability and/or quality of drinking water to residents of the Town shall be exempt from this bylaw until seven days after the declaration has ended.
§ 191-44. Enforcement.
Enforcement of this article shall be the responsibility of the Town Manager or his/her designee. The Town Manager shall determine the inspection process to be followed, incorporating the process into other Town duties as appropriate. Any establishment conducting sales in violation of this article shall be subject to a non-criminal disposition fine as specified in G. L. c. 40 § 21 D. The following penalties apply: First violation, Written warning; Second violation, $150 fine; Third and subsequent violations, $300 fine. Each day a violation continues constitutes a separate violation, incurring additional fines. Any such fines collected shall be payable to the Town of Falmouth. All businesses will be routinely inspected until the Town Manager deems the inspection to no longer be required.
