[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.]
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:
Any person obtaining goods from a retail or public eating
establishment.
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.
Any natural person, firm, corporation, partnership, or other
organization or group, however organized.
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 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
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.
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.
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.
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 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.
"Single-use carryout bags" do not include bags provided to the
customer:
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) To hold prescription medication dispensed from a pharmacy;
(3) To hold live animals, such as fish or insects; or
(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:
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.
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.
Every person, firm or corporation that:
Any facility that:
Commonly known as "packing peanuts," means a void-filling
packaging product made of expanded polystyrene that is used as a packaging
fill.
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.
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.
