The following definitions apply to this chapter:
ASTM-STANDARD
Meeting the standards of the American Society for Testing
and Materials International Standard D6400 or D6868 for biodegradable
and compostable plastics, as those standards may be amended.
COMPOSTABLE
All materials in the product or package are capable of undergoing
biological decomposition or otherwise becoming part of a usable compost
(e.g., soil conditioning material or mulch) in a safe and timely manner
in an appropriate composting program or facility. Compostable disposable
food service ware and packaging includes ASTM-Standard bio-plastics
or plastic-like products that are clearly labeled, such that any compost
collector and processor can easily distinguish the ASTM-Standard compostable
plastic from non-ASTM-Standard compostable plastic.
CUSTOMER
Any person purchasing goods or services.
DEGRADABLE PACKAGING
Packaging made of cellulose-based substances or other substances
which are capable of being readily attached, decomposed, assimilated,
and/or otherwise completely oxidized or broken down into their constituent
parts by bacteria, natural biological organisms, carbonaceous soil
material, water, or carbon dioxide; or in the alternative capable
of otherwise degrading when exposed to ultraviolet light or other
natural processes beginning within a twelve-month period from the
date of manufacture or exposure to the environment.
DISPOSABLE FOOD SERVICE WARE AND PACKAGING
All food-related wrappings, including, but not limited to,
bags, sacks, wrappings, containers, closures, bowls, plates, trays,
cartons, cups, lids, or drinking utensils intended for use within
Paramus, but excluding straws and eating utensils, 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.
FOOD
Shall include both food and drink, raw food, and prepared
food, whether such food is provided free of charge or sold, unless
otherwise stated.
OPERATOR
The person in control of, or having the responsibility for,
the operation of a retail establishment or retail food vendor, which
may include, but is not limited to, the owner of the retail establishment
or retail food vendor.
PACKAGING
Shall include disposable food service ware and packaging,
reusable food service ware and packaging, and degradable packaging.
PERSON
Any natural person, firm, corporation, partnership, trust,
joint stock company, association, or other organization or group,
however organized.
POLYSTYRENE FOAM
Includes blown polystyrene and expanded and extruded foams
(sometimes called "Styrofoam®," a Dow
Chemical Co. 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 foam polystyrene).
Polystyrene foam is generally used to make cups, bowls, plates, trays,
clamshell containers, meat trays and egg cartons. The term "polystyrene
foam" includes "polyethylene foam," which is a closed-cell foam made
of millions of tiny bubbles sealed off from each other.
POST-CONSUMER RECYCLED MATERIAL
A bag constructed of a material that would otherwise be destined
for solid waste disposal, having completed its intended end use and
product life cycle. "Post-consumer recycled material" does not include
materials and by-products generated from, and commonly reused within,
an original manufacturing and fabrication process.
PREPARED FOOD
Food or beverages which are served, packaged, cooked, chopped,
sliced, mixed, brewed, frozen, squeezed, or otherwise prepared on
the food vendor's premises or within Paramus. For the purposes
of this chapter, "prepared food" includes food which may be eaten
on or off the premises, including "take-out food."
PRODUCE BAG or PRODUCT BAG
A very thin bag without handles used exclusively to carry
produce, meats, or other items to the point of sale inside a retail
establishment or, for reasons of public health and safety, to prevent
such items from coming into direct contact with other purchased items.
A.
(1)
Bags to package bulk items, such as fruit, vegetables, nuts,
grains, candies, or small hardware items;
(2)
Bags to contain or wrap frozen foods, meat, or fish, whether
packaged or not;
(3)
Bags to contain or wrap flowers, potted plants, or other items
where dampness may be an issue;
(4)
Bags to contain unwrapped prepared foods or bakery goods; or
(5)
Pharmacy prescription bags.
B.
PRODUCT BAGSNewspaper bags, door-hanger bags, laundry and/or dry-cleaning bags, or bags sold in packages containing multiple bags intended for use as food storage bags, garbage bags, yard waste bags, or pet waste bags.
RAW FOOD
Food or beverages which are served, packaged, cooked, chopped,
sliced, mixed, brewed, frozen, squeezed or otherwise sold on the food
vendor's premises or within Paramus. For the purposes of this
chapter, "raw food" includes meat, fish, poultry, eggs, and vegetables
on trays made, in whole or in part, from polystyrene foam, either
as separate items or as part of the sale to customers from a refrigerator
case or similar retail appliance.
RECYCLABLE
Material that can be sorted, cleansed, and reconstituted
using available recycling collection programs for the purpose of reusing
the altered, incinerated, converted, or otherwise thermally destroyed
solid waste generated therefrom.
RECYCLABLE PAPER CARRY-OUT BAG
A paper bag that meets all of the following minimum requirements:
A.
It is 100% recyclable overall and contains a minimum of 40%
post-consumer recycled material;
C.
It displays the words "recyclable" and/or "reusable" in a highly
visible manner on the outside of the bag.
RETAIL ESTABLISHMENT
Any store or commercial establishment that sells perishable
or nonperishable goods, including, but not limited to, clothing, food,
and personal items, directly to the customer and is located and/or
doing business within the geographical limits of Paramus. Retail establishments
include: a business establishment that generates a sales or use tax;
a drugstore, pharmacy, supermarket, grocery store, convenience food
store, food mall, or other commercial entity engaged in the retail
sale of a limited line of goods that include milk, bread, soda, and
snack foods; a public eating establishment (i.e., a restaurant, take-out
food establishment, or any other business that prepares and sells
prepared food to be eaten on or off its premises); and a business
establishment that sells clothing, a hardware store, or any other
nonperishable goods. "Retail establishment" does not include nonprofit
charitable reusers as defined in Section 501(c)(3) of the Internal
Revenue Code, or a distinct operating unit or division of the charitable
organization that reuses and recycles donated goods or materials and
receives more than 50% of its revenues from the handling and sale
of those donated goods or materials.
RETAIL FOOD VENDOR
All sales outlets, stores, shops, restaurants, parts of retail
establishments, or other places of business located and/or doing business
in Paramus that receive revenue through the sale or conveyance of
foods directly to the ultimate customer, which foods are predominantly
contained, wrapped or held in or on packaging. "Retail food vendors"
shall include, but not be limited to, any establishment where food
is prepared, mixed, cooked, baked, smoked, preserved, bottled, packaged,
handled, stored, manufactured, and sold or offered for sale, including,
but not limited to, any fixed or mobile restaurant, drive-in, coffee
shop, cafeteria, short-order cafe, fast-food outlet, delicatessen,
luncheonette, grill, sandwich shop, soda fountain, tavern, bar, cocktail
lounge, nightclub, inn, roadside stand, take-out prepared food place,
industrial feeding establishment, catering kitchen, grocery store,
public food market, food stand, cart, pushcart, vehicle, mobile unit
or similar place in which food or drink is prepared for sale or for
service on the premises or elsewhere and any other establishment or
operation, including homes, where food is processed, prepared, stored,
served or provided to the public for a charge. This definition includes
any department or unit of the Borough of Paramus, and the government
of Paramus shall comply with this chapter to the same extent as any
other "retail food vendor."
REUSABLE BAG
Any sewn bag made of cloth or other washable fabric with
stitched handles that is specifically designed and manufactured for
multiple reuse and meets all of the following additional requirements:
A.
It is machine-washable or is made from a material that can be
cleaned or disinfected;
B.
It does not contain lead, cadmium, or any other heavy metal
in toxic amounts, as defined by applicable state and federal standards
and regulations; and
C.
It is affixed with a statement that the bag is a reusable bag,
as well as recycling instructions if the bag is recyclable.
REUSABLE FOOD SERVICE WARE AND PACKAGING
All food-related wrappings, containers, service items, and
utensils designed for multiple use, including, but not limited to,
straws, napkins, cutlery, utensils, baskets, plates, bowls, ramekins,
trays, mugs, glasses, condiment dispensers, to-go containers, and
cups or other containers provided as part of a loyalty or discount
program.
SINGLE-USE PLASTIC CARRY-OUT BAG
Any bag made predominantly of plastic derived from either
petroleum or a biologically based source, such as corn or plant sources,
that is provided by an operator of a retail establishment or retail
food vendor to a customer at the point of sale. The term includes
compostable and biodegradable bags but specifically exempts the following
from the category of "single-use plastic carry-out bags": reusable
bags, produce bags, and product bags.
No retail establishment shall provide to any customer a single-use plastic carry-out bag, as defined in §
450-2 above.
A. This prohibition applies to bags provided for the purpose of carrying
goods away from the point of sale and does not apply to:
(2) Produce bags used to carry produce within the retail establishment
to the point of sale.
B. The prohibition applies to single-use plastic carry-out bags used
for take-out deliveries from retail establishments within Paramus.
The point of sale in such transactions is deemed to be at the retail
establishment, regardless of where payment for the transaction physically
occurs.
[Amended 9-24-2019 by Ord. No. 19-16]
A. All retail establishments shall make available to customers compliant
bags, as defined herein, for the purpose of carrying goods or other
materials away from the point of sale.
B. Nothing in this chapter prohibits customers from using bags of any
type that they choose to bring to retail establishments themselves,
in lieu of using bags available for a fee from the retail establishment,
or from carrying away goods that are not placed in a bag.
C. All retail establishments must provide customers with compliant bags,
upon request, if customers fail to bring their own bags.
D. A retail establishment may choose, in its discretion, to provide
a credit to customers that choose to bring their own bags.
E. Each retail establishment shall be strongly encouraged to educate
its staff to promote the use of reusable bags and to post signs encouraging
customers to use reusable bags rather than recyclable paper carry-out
bags.
F. A retail establishment is strongly encouraged to educate on plastic
bag and plastic film recycling and offer a take-back program.