The purpose of this article is to preserve and protect the environment
in the City of Norwalk by prohibiting the sale, provision, or distribution
of polystyrene products by food packagers and retail establishments.
As used in this article, the following terms shall have the
meanings indicated:
FOOD PACKAGER
Any person, corporation, partnership, business, or other
organization or group, however organized, that places meat, eggs,
bakery products, or other food in packaging materials for the purpose
of retail sale of those products.
POLYSTYRENE
Includes blown polystyrene and expanded and extruded foams
(sometimes 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 foam polystyrene).
POLYSTYRENE FOOD SERVICE PRODUCT
Any product made in whole or in part of polystyrene and used
for storing, serving or transporting food or beverages. The term includes,
by way of example and not limitation, cups, bowls, lids, sleeves,
utensils, plates, trays, hinged or lidded containers (clamshells),
coolers, and egg cartons.
[Amended 7-27-2021]
PREPARED FOOD
Any food or beverage served or sold at a retail establishment,
either for consumption on the premises or for takeout, that has been
prepared at the retail establishment's location or elsewhere by cooking,
chopping, slicing, mixing, brewing, freezing, squeezing, or other
food preparation technique. The term includes leftovers from partially
consumed prepared food.
RETAIL ESTABLISHMENT
Any person, corporation, partnership, business, or other
organization or group, however organized, that transfers merchandise,
goods, or materials, including, without limitation, clothing, food,
or personal items of any kind, directly to a consumer in exchange
for payment. The term includes, by way of example and not limitation,
any grocery store, grocery delivery service, department store, clothing
store, hardware store, hospital, pharmacy, liquor store, restaurant,
delicatessen, convenience store, caterer, food truck, sidewalk vendor,
farmers' market, flea market, and any other retail store or vendor.
The term shall not include the sale of goods at yard sales, tag sales,
or other sales by residents at their home.
If any section, clause, sentence or provision of this article
shall be adjudged by a court of competent jurisdiction to be invalid
or unenforceable, such adjudication shall not affect the validity
or enforceability of any other provision hereof, and the applicability
thereof to other persons or circumstances shall not be affected thereby.
This article shall become effective on April 22, 2020.