As used in this article, the following terms shall have the
meanings indicated:
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, but shall include polystyrene
coolers.
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 establishments shall
include, but not be limited to, full-service restaurants, fast-food
restaurants, coffee shops, bakeries, delicatessens, take-out food
stores, food commissaries, vending trucks and grocery stores.
POLYSTYRENE LOOSE FILL PACKAGING
A void-filling packaging product made of expanded polystyrene
that is used as a packaging fill, commonly known as "packing peanuts."
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.
The restriction set forth in §
231-6 shall become operative three months following the date of enactment of the local law adding this article to this chapter, so as to allow retail establishments a period of time within which to dispose of their existing inventory of polystyrene items and convert to alternative packaging materials.
Any person committing an offense against any provision of this
article shall, upon conviction thereof, be guilty of a violation pursuant
to the Penal Law of the State of New York, punishable by a fine not
exceeding $1,000 or by imprisonment for a term not exceeding 15 days,
or by both such fine and imprisonment. The continuation of an offense
against the provisions of this article shall constitute, for each
day the offense is continued, a separate and distinct offense hereunder.