[Adopted 4-9-2019 by L.L.
No. 14-2019]
This Legislature hereby finds and determines that polystyrene
foam is a petroleum-based plastic made from a styrene monomer. Styrene
has been classified as a probable human carcinogen by the International
Agency for Research on Cancer (IARC), a nongovernmental body of the
World Health Organization, and a potential human carcinogen by the
United States Department of Health and Human Services. This Legislature
finds that the Environmental Protection Agency has determined that
the polystyrene manufacturing process is the fifth largest creator
of hazardous waste in the United States. This Legislature also finds
and determines that polystyrene foam is a common environmental pollutant
and nonbiodegradable substance commonly used in food service items.
There exists no practical method to recycle polystyrene, and incineration
of polystyrene releases toxic fumes. This Legislature further determines
that alternative biodegradable food service items are readily available
to meet the vast majority of food service needs. This Legislature
finds that the use of biodegradable and/or compostable food service
products will reduce the waste stream in Suffolk County and provide
a commensurate reduction in waste disposal costs. This Legislature
determines that the County should encourage the use of biodegradable
food service containers by all food service businesses and should
restrict the use of polystyrene containers. This Legislature also
finds that polystyrene foam is also used frequently in packaging that
is being transported in order to protect fragile items. This Legislature
further finds that there are many environmentally friendly alternatives
that can be used when shipping delicate items. This Legislature also
determines that to further protect the County from polystyrene pollution,
certain types of polystyrene items should be banned from use. Therefore,
the purpose of this article is to ban the use of certain polystyrene
items in Suffolk County.
As used in this article, the following terms shall have the
meanings indicated:
Cups, containers, lids, closures, trays, plates, knives,
forks, spoons, stoppers, paddles, straws, place mats, napkins, doilies,
wrapping materials, tooth picks and all similar articles that are
intended by the manufacturer to be used once for the purposes of eating
or drinking or that are generally recognized by the public as items
to be discarded after one use.
A premises or part of a premises where food is prepared and
served or given 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. This definition
shall include, but not be limited to, full-service restaurants, fast-food
restaurants, cafes, delicatessens, coffee shops, grocery stores, vending
trucks, vending carts and cafeterias.
Any natural person, firm or corporation that produces or
imports either polystyrene foam or loose fill packaging.
Any facility which provides services to food service establishments
that are located in or is a pushcart, stand or vehicle, including,
but not limited to: access to potable water, wastewater and refuse
disposal, the provision of supplies for food service, storage for
food and supplies, or commercial cooking facilities.
Any blown polystyrene foam, including expanded or extruded
foams (commonly referred to as "Styrofoam") which are thermoplastic
petrochemical materials which utilize a styrene monomer and are 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. This definition shall not
include products composed of rigid polystyrene.
A void-filling packaging product made of expanded polystyrene
foam that is used as a packaging fill, commonly referred to as "packing
peanuts."
Thermoplastic petrochemical materials which utilize a styrene
monomer but are not blown polystyrene foam.
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 any disposable food service item that
consists of polystyrene foam. This prohibition shall not apply to
packaging that is used for prepackaged foods that have been filled
and sealed prior to receipt by the food service establishment, mobile
food commissary, or store or to containers used to store uncooked
eggs, raw meat, pork, fish, seafood or poultry sold from a butcher
case or similar retail use.
B.
No manufacturer or store shall sell or offer for sale polystyrene
loose fill packaging. This prohibition shall not apply to the retail
sale of electronics that are packaged in polystyrene loose fill packaging
prior to entering the store.
A.
Violation of this article shall be punishable by a civil fine. First
offenses shall be punishable by a fine of up to $500. Second offenses
shall be punishable by a fine of up to $1,000. Third and subsequent
offenses shall be punishable by a fine of up to $2,500. Each violation
of this article shall be considered separate and distinct.
B.
No fine shall be imposed until an alleged violator has had a hearing
and opportunity to be heard by the Commissioner of the Department
of Health Services.
The Commissioner of the Department of Health Services is hereby
authorized to promulgate rules and regulations necessary to implement
and enforce this article.
This article shall apply to all actions occurring on or after
the effective date of this article.
This article shall be null and void on the day that federal
and statewide legislation goes into effect, incorporating either the
same or substantially similar provisions as are contained in this
article, or in the event that a pertinent state or federal administrative
agency issues and promulgates regulations preempting such action by
the County of Suffolk. The County Legislature may determine via duly
enacted resolution whether or not identical or substantially similar
federal or statewide legislation, or pertinent preempting state or
federal regulations have been enacted for the purpose of triggering
the provision of this section.
If any clause, sentence, paragraph, subdivision, section, or
part of this article or the application thereof to any person, individual,
corporation, firm, partnership, entity, or circumstance shall be adjudged
by any court of competent jurisdiction to be invalid or unconstitutional,
such order or judgment shall not affect, impair, or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, subdivision, section, or part of this article,
or in its application to the person, individual, corporation, firm,
partnership, entity, or circumstance directly involved in the controversy
in which such order or judgment shall be rendered.
This article shall take effect on January 1, 2020.
