[Adopted 1-22-2019 by L.L. No. 3-2019[1]]
[1]
Editor's Note: This article was adopted as Ch. 238, but
was placed in this article by the codifier for organizational purposes.
A.
Findings. The Rye Brook Board of Trustees hereby finds that:
(1)
Polysyrene is a petroleum-derived plastic-like material used for
packaging. The foam form, known as expanded polystyrene (EPS), is
commonly used to make disposable plates, cups, bowls and other items.
(2)
Polystyrene foam is a common environmental pollutant and nonbiodegradable
substance.
(3)
Discarded packaging from foods and beverages constitutes a significant
and growing portion of the waste stream. Regulation of food and beverage
packaging is a necessary part of any effort to encourage a recyclable
and compostable waste stream.
(4)
Alternative cost-effective biodegrable, compostable and/or reusable
food serviceware is readily available. Such alternatives are less
toxic and more environmentally friendly than polystyrene foam.
(5)
The use of biodegradable, compostable, and/or reusable serviceware
will reduce the waste stream and reduce waste costs.
B.
Purpose. The Board of Trustees therefore declares that the purpose
of this article is to eliminate the use of certain polystyrene foam
food service products used by food establishments within the Village
of Rye Brook. This article is intended to minimize the negative environmental
and human health effects of polystyrene foam by reducing its use in
the Village of Rye Brook.
For the purposes of this article, the following definitions
shall apply:
Any person(s) obtaining prepared food from any food establishment.
All bowls, plates, cartons, cups, other containers, trays,
or other items designed for one-time use on or in which any food 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, serviceware
for takeout prepared food and/or leftovers from partially consumed
meals prepared at or by the food establishment for consumption at
a specific location.
Any establishment which serves made-to-order food or beverages
for dine-in, takeout, or delivery. Food establishments shall include,
but are not limited to, restaurants, cafes, fast-food establishments
and food establishments within grocery stores.
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 the Village of
Rye Brook or (2) which is packaged, cooked, chopped, sliced, mixed,
brewed, frozen, squeezed, or otherwise prepared on the premises. Prepared
food does not include raw meats, fish, poultry and/or seafood sold
for the purpose of cooking off premises.
No food establishment shall sell or otherwise provide prepared
food in any disposable food service ware that contains polystyrene
foam.
This article does not prohibit the sale or use of the following
products:
A.
A food establishment may submit a written application to the Village
Board of Trustees to request a waiver from the provisions of this
article to allow specific uses of prohibited disposable food service
wares. The uses and the specific disposable food service ware must
be listed in the waiver request with a statement explaining the safety
or health reasons or lack of nonpolystyrene alternatives or other
hardship conditions that justify a waiver. The food establishment
must demonstrate that no reasonable feasible alternative exists to
a specific and necessary polystyrene foam disposable food serviceware.
B.
The Village may require the applicant to submit additional information
or documentation to make a determination regarding the waiver request.
Within 30 days of receiving a completed application and supporting
documentation, if any, the Village Board of Trustees must either grant
or deny the applicant's waiver request.
C.
Each waiver request 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 food establishment must apply for
a new exemption no later than 60 days prior to the expiration of the
then-current exemption to preserve a continuous exemption status in
the event the new exemption is granted. Each application shall be
reviewed anew and will be based on the most current information available.
This article shall be enforced by the Village of Rye Brook Police
Department, the Village Building Inspector and the Village Code Enforcement
Officer.
Any food establishment violating this article shall be guilty
of a violation and shall receive a warning for the first violation,
and shall be subject to a fine in the amount of $150 for the second
violation, $200 for the third violation, and $250 for the fourth and
subsequent violations. Fines are cumulative and each day that a violation
occurs shall constitute a separate violation.
