[Adopted 4-9-2019 by L.L. No.
20-2019]
This Legislature hereby finds and determines that the County
of Suffolk is a national leader in environmental protection, as it
strives to protect the natural resources and beauty of Long Island.
This Legislature also finds and determines that the County has enacted
a wide variety of environmental protection laws, from the establishment
of a 1/4% sales tax to fund the preservation of environmentally sensitive
parcels to recent pieces of legislation which impose a fee on single-use
plastic bags and establish a task force to reduce the consumption
of single-use plastics locally. This Legislature further finds and
determines that plastic straws are ubiquitous, often served automatically
when a drink is ordered at a restaurant. Americans collectively use
500 million plastic straws per day, despite the fact that most people
do not need a straw to drink their beverage. This is enough straws
to wrap around the earth's circumference 2.5 times every day.
This Legislature finds that straws contribute to plastic pollution
that litters the ground and clogs oceans, rivers and waterways. This
Legislature also finds that while many plastics are recyclable, plastic
straws are so lightweight that they are not captured by mechanical
sorters. As a result, straws are frequently found as pollution debris
in the environment and are one of the top 10 items found on beaches.
This Legislature further finds that straws are frequently ingested
by marine life, including sea birds and turtles. This can cause significant
adverse effects for the animals involved, including death. This Legislature
also determines that a number of alternatives to plastic straws exist,
from disposable single-use paper straws to reusable straws made of
metal, glass, silicone or bamboo. This Legislature finds that the
Suffolk County Single Use Plastics Reduction Task Force has recommended
requiring the provision of beverage stirrers and straws to consumers
upon request only as a means to reduce plastics consumption. This
Legislature further determines that the Village of East Hampton and
the State of California implemented law requiring the provision of
straws to consumers upon request only, with great success. Therefore,
the purpose of this article is to require that straws and beverage
stirrers be provided to consumers upon request only in Suffolk County.
As used in this article, the following terms shall have the
meanings indicated:
A product that can be placed into a composition of decaying
biodegradable materials, and eventually turns into a nutrient-rich
material.
A device used by a consumer that is designed solely for the
purpose of mixing liquids intended for human consumption.
A tube used for transferring a beverage from its container
to the mouth of a consumer.
The ability of a material to break down, within one year,
into natural materials in the natural environment without causing
harm.
An establishment engaged in the retail sale of personal,
consumer items, including but not limited to grocery stores, supermarkets,
convenience stores, foodmarts, and food service establishments located
within grocery stores, supermarkets, convenience stores or foodmarts,
that provide drinks to customers. This term does not include food
service establishments located outside of grocery stores, supermarkets,
convenience stores or foodmarts. Covered stores may sell packages
of plastic straws in the retail portion of their establishment.
A physical, intellectual or sensory impairment that substantially
limits one or more major life activities.
A service window at a food service establishment that consumers
may utilize to obtain food and beverages without leaving their vehicle.
As defined in Article 13, § 760-1300(3)(X), of
the Suffolk County Sanitary Code.
Any illness, disease, disorder or injury that requires medical
treatment.
A synthetic material made from organic polymers, including,
but not limited to, polypropylene and polystyrene, that can be molded
into shape while soft, and then set into a rigid or slightly elastic
form.
Pouches or boxes filled with milk, juice or similar drink
items which are packaged in single-serving containers.
A location within a food service establishment or covered
store where consumers may obtain an unsealed beverage independent
of a paid service worker or employee of the establishment.
A product that is designed and intended to be used only once
and is generally recognized by the public as an item that is to be
discarded after one use.
A.
Food service establishments shall only provide single-use beverage
straws or beverage stirrers upon request by a consumer. This restriction
shall not apply to prepackaged individual serving beverages where
a small plastic straw is included in the packaging. Beverages purchased
at a drive through window or at self-service beverage station shall
be exempt from this provision.
B.
Food service establishments shall not provide single-use straws that
are individually wrapped in plastic. This restriction shall not apply
to prepackaged individual serving beverages where a small plastic
straw is included in the packaging.
C.
Straws and beverage stirrers provided by food service establishments
upon request by a consumer or at a drive through window or self-service
beverage station shall be biodegradable and/or backyard compostable.
A consumer with a disability or medical condition may be provided
with a plastic or other nonbiodegradable straw or stirrer if the consumer
so requests.
A.
Any food service establishment which violates this article shall
be subject to a civil penalty, with an initial violation subject to
a fine of $100. Any second violation which occurs on a different calendar
day within 12 months of an initial violation shall be subject to a
fine of $200. Any third or subsequent violations within 12 months
of a prior violation shall be subject to a fine of $400 per violation.
Each day a violation occurs shall constitute a separate and distinct
offense.
B.
No penalty shall be imposed by the Department until the alleged violator
is given notice and an opportunity to be heard by the Commissioner
or his or her designee.
The Commissioner of the Department of Health Services is hereby
authorized and empowered to promulgate rules and regulations necessary
to enforce this article.
This article shall apply to all actions occurring on or after
the effective date of this article.
This article will not prohibit or supersede any town or village
within the County of Suffolk from enacting any ordinance, resolution
or local law which bans or otherwise limits the distribution of single-use
plastic straws.
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 be null and void on the day that statewide
or federal 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 mere
resolution whether or not identical or substantially similar statewide
legislation has been enacted for the purposes of triggering the provisions
of this section.
This article shall take effect on January 1, 2020.
