[Adopted 3-17-2015 by L.L. No. 4-2015]
This article shall be known as "Food Service Waste Reduction
Act."
A.
The Legislature finds and determines that polystyrene foam is a common
environmental pollutant and nonbiodegradable substance commonly used
as food service ware and that there is no meaningful recycling or
reuse of polystyrene foam food service ware.
B.
The Legislature further finds and determines that the Environmental
Protection Agency has found that the polystyrene manufacturing process
is the fifth largest creator of hazardous waste in the United States.
C.
The Legislature further finds and determines that evidence suggests
that a component of polystyrene foam, styrene, is a carcinogen and
neurotoxin. According to EPA studies, styrene is now detectable in
the fat tissue of every man, woman and child in the United States.
D.
The Legislature further finds and determines that alternative cost-effective
biodegradable, compostable and/or reusable food service ware is readily
available. Such alternatives are less toxic and more environmentally
friendly than polystyrene foam.
E.
The Legislature further finds and determines that the use of biodegradable,
compostable food, and/or reuseable service ware will reduce the waste
stream and reduce waste costs. Therefore, the purpose of this article
is to eliminate the use of polystyrene foam food service ware by food
service establishments within Ulster County.
F.
Therefore, the Legislature hereby finds and determines that the prohibition
of the use of polystyrene foam disposable food service ware in Ulster
County is in the best interests of the citizens of Ulster County.
As used in this article, the following terms shall have the
meanings indicated:
A food service establishment or food service establishments
operating in Ulster County that is or are part of a group of 15 or
more food service establishment locations nationally, doing business
under the same trade name, offering predominantly the same types of
meals, foods or menus regardless of the type of ownership of the individual
food service establishment locations.
The County of Ulster.
Any person(s) obtaining prepared food from any food service
establishment.
All bowls, plates, cartons, cups, other containers, trays,
or other items designed for one time use on or in which any food service
establishment directly places and/or packages food or provides same
to customer(s) to place and/or package food or which are used by customer(s)
to consume or transport food. This includes, but is not limited to,
service ware for takeout prepared food and/or leftovers from partially
consumed meals prepared at or by chain food service establishments
for consumption at a specific location. This does not include single-use
disposable items such as straws, cup lids, or utensils.
Any establishment, located or providing food within the County
of Ulster, which sells or otherwise provides prepared food and/or
beverages for public consumption on or off its premises and includes,
but is not limited to, any store, shop, sales outlet, restaurant,
bar, pub, coffee shop, cafeteria, caterer, convenience store, liquor
store, grocery store, supermarket, delicatessen, catering truck, mobile
food truck, cart or vehicle, or any other person who provides prepared
food; and any organization, group or individual which regularly provides
food as a part of its services.
The Commissioner of Health for Ulster County.
Any blown polystyrene, expanded, and extruded foams (commonly
referred to as "Styrofoam," a Dow Chemical Company trademarked form
of polystyrene foam insulation) which 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 polystyrene), injection molding, foam molding, and
extrusion blow molding (extruded from polystyrene). Polystyrene foam
is generally used to make cups, bowls, plates, trays, clamshell containers,
meat trays and egg cartons.
Any food or beverage which is 1) served in Ulster County
or 2) packaged, cooked, chopped, sliced, mixed, brewed, frozen, squeezed,
or otherwise prepared on the premises. Prepared food does not include
raw meats, poultry and/or seafood sold for the purpose of cooking
off premises.
A.
No chain food service establishment shall sell or otherwise provide
prepared food in any disposable food service ware that contains polystyrene
foam.
B.
No food service establishment shall sell or otherwise provide prepared
food in any disposable food service ware that contains polystyrene
foam.
C.
No County facilities, County-managed concessions, County-sponsored
events or County-permitted events shall distribute or utilize disposable
food service containers containing expanded polystyrene or nonrecyclable
plastic.
A chain food service establishment or food service establishment may seek an exemption from the prohibition under § 205-10 due to a "unique packaging hardship" under Subsection A of this section or a "financial hardship" under Subsection B of this section.
A.
The chain food service establishment or food service establishment
must demonstrate that no reasonably feasible alternative exists to
a specific and necessary polystyrene foam disposable food service
ware to qualify for a "unique packaging hardship" exemption.
B.
The chain food service establishment or food service establishment
must demonstrate both of the following to qualify for a "financial
hardship" exemption:
(1)
A gross income under $300,000 on their annual income tax filing for
the most recent tax year; and
(2)
With respect to each specific and necessary polystyrene foam disposable
food service ware, that there is no feasible alternative that would
cost the same or less than the polystyrene foam disposable food service
ware.
C.
The chain food service establishment or food service establishment
may submit a written application for an exemption on a form provided
by the Department of Health. The Commission of Health or designee
("Commissioner") may require the applicant to submit additional information
or documentation to make a determination regarding the exemption request.
Within 30 days of receiving a completed application and supporting
documentation, if any, the Commissioner must either grant or deny
the applicant's request for an exemption and must notify the applicant
of his or her determination. A request for exemption shall be reviewed
on a case-by-case basis, and may be granted in whole or in part, with
or without conditions, for a period of up to 12 months. The chain
food service establishment or food service establishment must apply
for a new exemption period no later than 60 days prior to the expiration
of the then current exemption period to preserve a continuous exemption
status. Each application shall be reviewed anew and will be based
on the most current information available. The determination of the
Commissioner shall be final and is not subject to appeal.
A.
The Commissioner of Health or designee shall have responsibility
for notification and enforcement of this article. The Commissioner
of Health or designee is authorized to promulgate rules and regulations
and take any and all other reasonable actions necessary to implement
and enforce this article. Any rules and regulations so promulgated
shall be made available on the County of Ulster website in a manner
approved by the Commissioner of Health.
B.
Anyone violating or failing to comply with any of the requirements
of this article or of any regulation or administrative procedure authorized
by it shall be guilty of an infraction.
C.
The County Attorney may seek legal, injunctive, or any other relief
to enforce this article and any regulation or administrative procedure
authorized by it.
D.
The remedies and penalties provided in this article are cumulative
and not exclusive of one another.
Violations of this article shall be enforced as follows:
A.
For the first violation, the Commissioner of Health, or designee,
upon determination that a violation of this article has occurred,
shall issue a written warning notice to the chain food service establishment
or food service establishment which will specify the violation and
the appropriate penalties in the event of future violations.
B.
Thereafter, the following penalties shall apply:
(1)
First offense. Any chain food service establishment or food service
establishment guilty of a first offense shall be guilty of a violation
and shall be fined an amount not to exceed $250.
(2)
Second offense. Any chain food service establishment or food service
establishment guilty of a second offense shall be guilty of a violation
and shall be fined an amount not to exceed $500.
(3)
Third and subsequent offenses. Any chain food service establishment
or food service establishment guilty of a third or subsequent offense
shall be guilty of a violation and shall be fined an amount not to
exceed $1,000.
(4)
Fines are cumulative and each day that a violation occurs shall constitute
a separate violation.
C.
For the purpose of this section, each physical location or establishment
shall be treated individually, and offenses and fines for separate
locations shall be considered individually.
This article shall be null and void on the day that federal
or statewide legislation goes into effect, incorporating either the
same or substantially similar provisions as are contained in this
law, or in the event that a pertinent state or federal administrative
agency issues and promulgates regulations preempting such action by
the County of Ulster. The County Legislature may determine via mere
resolution whether or not identical or substantially similar federal
or statewide legislation, or pertinent preempting state or federal
regulations have been enacted for the purposes of triggering the provisions
of this section.
This article shall be effective six months subsequent to filing
in the Office of the Secretary of State for Chain Food Service Establishments,
County facilities, County-managed concessions, County-sponsored events
and County-permitted events, and one year subsequent to filing in
the Office of the Secretary of State for Food Service Establishments.
This article shall apply to all transactions occurring on or after
the effective dates referenced above.
