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#-3. Use Regulations <br /> Polystyrene disposable food service containers, cutlery, and new polystyrene packing peanuts shall <br /> not be used or sold by food establishments and/or retail establishments within the Town of <br /> Mashpee on or afterJune 1, 2019.Any stock remaining after that date shall be accepted for disposal <br /> free of charge, through June 30, 2019, at the Mashpee Transfer Station/Recycling Center. <br /> This bylaw shall not apply to: <br /> 1. Polystyrene packing peanuts and foam packaging reused from shipments coming to <br /> Mashpee. <br /> 2. Prepackaged meat and produce trays, egg cartons, and other food or beverage products <br /> bought from a wholesaler or an out-of-own supplier. <br /> 3. Polystyrene foam freezer chests. <br /> #-4. Enforcement <br /> Any enforcing person shall have the right to enter any establishment during regular business hours, <br /> without a search or inspection warrant, to make reasonable inspection to ascertain whether there is <br /> compliance with the provisions of this chapter.This article may be enforced by any Town police officer <br /> or agents of the Board of Health. This article may be enforced through any lawful means in law or in <br /> equity, including, but not limited to, noncriminal disposition pursuant to MGL c. 40, §21D and [add <br /> appropriate chapter of the Town's General By-laws].Any establishment which violates any provision <br /> of this bylaw shall be subject to the following penalties: <br /> First offense: $100 fine <br /> Second offense: $200 fine <br /> Third and Subsequent offenses: $300 fine for each offense <br /> Offenses occurring within two years of the date of first reported offense will be considered as <br /> subsequent offenses. Each day or portion thereof shall constitute a separate offense,to do or act <br /> thereon. <br /> The Board of Health, after a hearing conducted in accordance with the procedures set forth in <br /> 105 CMR 590.14 and 590.15, may suspend or revoke the food service permit for any <br /> establishment failing to comply with this bylaw. <br /> #-5, Severability <br /> If any provision of this ordinance shall be held to be invalid by a court of competent jurisdiction,then such <br /> provision shall be considered separately and apart from the remaining provisions of this ordinance,which <br /> shall remain in full force and effect <br />