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Yarmouth Board of Health grants temporary waivers to multiple food businesses under new plastic rules
Summary
The Board of Health approved short-term extensions allowing several Yarmouth food businesses to use existing noncompliant plastic foodware through October or December 2026 and required some operators to return with updates; staff read permitted-product definitions from the town's foodware regulation.
The Yarmouth Board of Health on May 18 granted a series of temporary waivers that let local food businesses exhaust existing supplies of noncompliant plastic foodware while they seek acceptable alternatives under the town's Foodware Standards.
Andrea Schuster of Andrea's West Yarmouth Fish and Lobster asked for more time to use black plastic containers with clear tops, deli bags and small side containers, saying paper alternatives did not hold larger orders well. The board approved an extension through Oct. 31, 2026.
Patricia Thomas, representing Fox Den Coffee LLC d/b/a Caffe Gelato Bertini, said most items are now compliant but requested additional time for spoons and 16-ounce cups and lids; the board approved an extension through Oct. 31, 2026. Owner Mr. Agganis and operations head Matt Dwane from Lil' Caboose said takeout and product aesthetics drive their need for 12-oz and 8-oz plastic lids and certain containers; the board approved a waiver through Oct. 31, 2026.
The Loft Restaurant owners said supplier work had produced compliant alternatives for many items; the board approved requested waivers for 2- and 4-ounce portion cups and lids and 12- and 16-ounce cups with lids through December 2026 or until supplies run out. Hallett's Store was granted a waiver to use its existing supply through its planned December closing, and The Spice Boss was granted a waiver for certain bottles, ramekins and #5 takeout containers through December 2026 or until substitutes are found. Nick Morey of CBPB (formerly The Other Guys) received a waiver for 2-ounce portion cups and lids until Oct. 31, 2026, or until supplies run out.
Stop and Shop representatives said food-safety concerns and the need for a safe, scalable substitute underlie their request; the board approved waivers for specified container categories and required Stop and Shop to return in September with updates on window bags and foam trays.
Town staff read aloud the Foodware Standards to clarify which products comply: unlined paper and wood items, certified compostable items that do not contain PLA, certain paper-lined cups for hot liquids (including PLA-lined where permitted), third-party home-compostable bioplastics such as PHA, glass, and aluminum containers/wrappers. Board members and staff discussed that "home compostable" labeling excludes many plastics and emphasized the need for containers that seal to avoid spills.
Board action recorded the various motions and approvals, all passing by unanimous voice vote among members present. Several businesses were asked to provide updates if supplies changed or on a schedule specified by the board.
