For the purposes of this article, the following definitions
shall apply:
CUSTOMER
Any person(s) obtaining prepared food from any food establishment.
DISPOSABLE FOOD SERVICEWARE
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.
FOOD ESTABLISHMENT
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.
POLYSTRENE FOAM
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.
PREPARED FOOD
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. Polystyrene-packaged uncooked meat, fish, poultry, or seafood for
off-premise preparation and consumption;
B. Factory-sealed, aseptically-packaged shelf-stable foods; and
C. Polystyrene-packaged raw eggs.
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.