As used in this chapter, the following terms shall have the
indicated meanings:
CHECKOUT BAG
A carryout bag that is provided to a customer at the point
of sale. The term "checkout bag" does not include plastic produce
bags, paper bags or plastic bags measuring 28 inches by 36 inches
or larger in size.
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.
[Added 1-17-2019 by L.L.
No. 3-2019]
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 trucks and grocery stores. Food trucks shall include "concessionaire" as defined in Chapter
198, Peddling, of this Code.
[Added 1-17-2019 by L.L.
No. 3-2019]
PLASTIC PRODUCE BAG
A flexible container made of very thin plastic material with
a single opening that is used to transport produce, meats or other
items selected by the customers to the point of sale.
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.
[Added 1-17-2019 by L.L.
No. 3-2019]
RECYCLABLE PAPER BAG
A paper bag that should have the following characteristics:
A.
Contains no old-growth fiber;
B.
Is 100% recyclable overall and contains a minimum of 40% postconsumer
recycled content.
REUSABLE BAG
A bag with handles that is specifically designed and manufactured
for multiple reuse and is:
A.
Made of cloth or other fabric; and/or
B.
Made of durable plastic that is at least 2.25 millimeters thick.
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.
[Added 1-17-2019 by L.L.
No. 3-2019]
STORE
A retail or wholesale establishment other than a food service
establishment.
[Added 1-17-2019 by L.L.
No. 3-2019]
[Added 1-17-2019 by L.L.
No. 3-2019]
A. No food service establishment or store shall possess, sell, or offer
for use single-service articles that consist of expanded polystyrene
including, but not limited to, providing food in single-service articles
that consist of expanded polystyrene. This subdivision shall not apply
to (i) expanded polystyrene containers used for prepackaged food that
have been filled and sealed prior to receipt by the food service establishment
or store; (ii) expanded polystyrene containers used to store raw meat,
pork, fish, seafood or poultry sold from a butcher case or similar
retail appliance; or (iii) expanded polystyrene containers used for
wholesale fish or seafood shipments outside of the Town of East Hampton.
B. No manufacturer or store shall sell or offer for sale polystyrene
loose fill packaging or polystyrene coolers in the Town of East Hampton.
[Amended 1-17-2019 by L.L. No. 3-2019]
The restriction set forth in §
83-3 shall become operative on April 22, 2019, or upon filing with the Secretary of State, whichever is later, 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 materials.
Any person committing an offense against any provision of this
chapter 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 chapter shall constitute, for each
day the offense is continued, a separate and distinct offense hereunder.