Village of Patchogue, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Patchogue 6-8-2015 by L.L. No. 5-2015; amended in its entirety 1-22-2018 by L.L. No. 1-2018. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Littering — See Ch. 302, Art. IV.
Solid waste — See Ch. 365.
The intent of this article is to improve the environment in the Village by encouraging the use of reusable bags at retail establishments. Nonbiodegradable plastic bags are often discarded into the environment where they pollute our waterways, clog sewers, endanger marine life and cause unsightly litter. These bags last hundreds of years in landfills and are a potential source of harmful chemicals when they degrade and break down.
The definitions set forth in this section shall govern the application and interpretation of this article:
CUSTOMER
Any person obtaining goods from a retail or public eating establishment.
NONPROFIT CHARITABLE REUSER
A charitable organization, as defined in Section 501(c)(3) of the Internal Revenue Code of 1986, or a distinct operating unit or division of the charitable organization, that reuses and recycles donated goods or materials and receives more than 50% of its revenues from the handling and sale of those donated goods or materials.
PERSON
Any natural person, firm, corporation, partnership, or other organization or group, however organized.
PREPARED FOOD
Food or beverage which is prepared on the premises by cooking, chopping, slicing, mixing, freezing, or squeezing, and which require no further preparation to be consumed. "Prepared food" does not include any produce, bulk food or meat from a produce, bulk food or meat department within a retail establishment.
A. 
A restaurant, takeout food establishment, or any other business that receives 90% or more of its revenue from the sale of prepared food to be eaten on or off its premises; or
(1) 
A department, unit or section located within and operated by a retail establishment that generates 90% or more of its revenue from the sale of prepared food to be eaten on or off its premises, and the department, unit or section does not engage in the sale of perishable or nonperishable goods from another department, unit or section within the same retail establishment.
RECYCLED PAPER BAG
A paper bag provided at the check stand, cash register, point of sale, or other point of departure for the purpose of transporting food or merchandise out of the establishment that contains no old-growth fiber and a minimum of 40% post-consumer recycled content; is 100% recyclable: and has printed in a highly visible manner on the outside of the bag the words "reusable" and "recyclable," the name and location of the manufacturer, and the percentage of post-consumer recycled content.
RETAIL ESTABLISHMENT
Any commercial establishment that sells perishable or nonperishable goods, including, but not limited to, clothing, food, and personal items directly to the customer; and is located within or doing business within the geographical limits of the Village of Patchogue. "Retail establishment" does not include public eating establishments or nonprofit charitable reusers.
REUSABLE BAG
Either a bag made of cloth or other machine-washable fabric that has handles, or a durable plastic bag with handles that is at least 2 1/4 mils thick and is specifically designed and manufactured for multiple reuse.
A. 
A bag other than a reusable bag provided at the check stand, cash register, point of sale or other point of departure for the purpose of transporting food or merchandise out of the establishment.
B. 
"Single-use carryout bags" do not include bags provided to the customer:
(1) 
To transport produce, prepared food, bulk food or meat from a produce, deli, bulk food or meat department within a store to the point of sale;
(2) 
(2) To hold prescription medication dispensed from a pharmacy;
(3) 
(3) To hold live animals, such as fish or insects; or
(4) 
(4) To segregate food or merchandise that could damage or contaminate other food or merchandise when placed together in a reusable bag or recycled paper bag.
A. 
No retail establishment or public eating establishment shall provide a single-use carryout bag to a customer, at the check stand, cash register, point of sale or other point of departure, for the purpose of transporting food or merchandise out of the establishment except as provided in this section.
B. 
A retail establishment or public eating establishment may provide customers recycled paper bags at the check stand, cash register, point of sale or other point of departure for the purpose of transporting food or merchandise out of the establishment.
Any person who violates this article or fails to comply with any of its requirements shall, upon conviction thereof. be subject to the penalties provided in § 1-1 of the Code of the Village of Patchogue; provided, however, that for the period beginning on the effective date of this article and ending on September 5, 2016, only warnings shall be issued for violations of this article.
A. 
Polystyrene foam, commonly referred to as "styrofoam," is a petroleum-based plastic made from the styrene monomer. Styrene has been identified as a potential human carcinogen by the United States Department of Health and Human Services and the International Agency for Research of Cancer. The Environmental Protection Agency (EPA), Food and Drug Administration (FDA), and Occupational Safety and Health Administration (OSHA) have all set styrene exposure levels (EPA-drinking water, FDA-bottled water, and OSHA-workplace air).
B. 
Polystyrene foam is used in a number of common food container products. The substance has historically been difficult and costly to recycle and poorly biodegradable. Most of the polystyrene foam that ends up in landfills will be there 500 years from now. Polystyrene foam can also be yen toxic when burned. It is often found among common litter in the Village or in landfills throughout the region. Because of the nature and ubiquity of polystyrene foam, it can threaten animal and human health. It is for these reasons that the Village of Patchogue seeks to ban the use of certain polystyrene items.
The definitions set forth in this section shall govern the application and interpretation of this article:
EXPANDED POLYSTYRENE
Blown polystyrene and expanded and extruded foams that are thermoplastic petrochemical materials utilizing a styrene monomer and processed by any number of techniques, including, but not limited to, fusion of polymer spheres (expandable bead foam), injection molding, foam molding, and extrusion-blown molding (extruded foam polystyrene). Such term shall not include rigid polystyrene.
FOOD SERVICE ESTABLISHMENT
A premises or part of a premises where food is provided directly to the consumer, whether such food is provided free of charge or sold, and whether consumption occurs on or off the premises or is provided from a pushcart, stand or vehicle. Food service establishment shall include, but not be limited to, full-service restaurants, fast food restaurants, cafes, delicatessens, coffee shops, grocery stores, vending trucks or carts and cafeterias.
MANUFACTURER
Every person, firm or corporation that:
A. 
Produces expanded polystyrene or polystyrene loose fill packaging that is sold or distributed in the Village; or
B. 
Imports expanded polystyrene or polystyrene loose fill packaging that is sold or distributed in the Village.
MOBILE FOOD COMMISSARY
Any facility that:
A. 
Disposes of solid waste generated by the operation of a food service establishment that is located in or is a pushcart, stand or vehicle; or
B. 
Supplies potable water and food, whether pre-packaged or prepared at the mobile food commissary, and supplies nonfood items.
POLYSTYRENE LOOSE FILL PACKAGING
Commonly known as "packing peanuts," means a void-filling packaging product made of expanded polystyrene that is used as a packaging fill.
SINGLE SERVICE ARTICLES
Cups, containers, lids, closures, trays, plates, knives, spoons, stoppers, paddles, straws, place mats, napkins, doilies, wrapping materials, toothpicks and all similar articles that are intended by the manufacturer to be used once for eating or drinking or that are generally recognized by the public as items to be discarded after one use.
STORE
A retail or wholesale establishment other than a food service establishment.
A. 
No food service establishment, mobile food commissary, or store shall possess, sell, or offer for use single service articles that consist of expanded polystyrene, including, but not limited to, providing food in single-service articles that consist of expanded polystyrene. This subsection shall not apply to:
(1) 
Expanded polystyrene containers used for prepackaged food that have been filled and sealed prior to receipt by the food service establishment, mobile food commissary, or store; or
(2) 
Expanded polystyrene containers used to store raw meat, pork, fish, seafood or poultry sold from a butcher case or similar retail appliance.
B. 
No manufacturer or store shall sell or offer for sale polystyrene loose fill packaging in the Village.
Any person who violates this article or fails to comply with any of its requirements shall, upon conviction thereof, be subject to the penalties provided in § 1-1 of the Code of the Village of Patchogue.