[Adopted 9-10-2019, effective 4-22-2020]
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:
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.
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).
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]
Commonly known as "packing peanuts," a void-filling packaging
product made of polystyrene that is used as packaging fill.
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.
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.
A.
No retail establishment located in the City of Norwalk shall serve,
sell, distribute, or provide prepared food in or on a polystyrene
food service product.
B.
No food packager located in the City of Norwalk shall package meat,
eggs, bakery products, or other food in or on a polystyrene food service
product.
C.
No retail establishment located in the City of Norwalk shall sell,
offer for sale, distribute, or provide polystyrene food service products
or polystyrene loose fill packaging.
D.
The City of Norwalk shall not use or provide polystyrene food service
products or polystyrene loose fill packaging at any City facility
or City-sponsored event.
E.
No City of Norwalk department or facility shall purchase or acquire
polystyrene food service products or polystyrene loose fill packaging.
F.
All parties who contract with the City of Norwalk shall be prohibited
from using polystyrene food service products or polystyrene loose
fill packaging in City facilities or on City-funded projects within
the City.
A.
The prohibition set forth in § 37-11 of this article shall not apply to:
(1)
Polystyrene food service products used for prepackaged food that
have been filled and sealed prior to receipt by the retail establishment;
(2)
Polystyrene food service products used to contain or store raw meat
or seafood sold from a butcher case or similar retail appliance; or
(3)
Polystyrene coolers and ice chests, provided that such polystyrene
is fully encased in another material.
A.
This article shall be enforced by the Code Enforcement Office or
its designee.
B.
Upon determination that a violation has occurred, the food packager
or retail establishment, as the case may be, shall be liable for the
following:
C.
No more than one penalty shall be imposed upon a single food packager
or retail establishment in one twenty-four-hour period.
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.
