Unless otherwise expressly stated, whenever used in this section,
the following terms shall have the meanings set forth below:
ASTM STANDARD
Meeting the standards of the American Society for Testing
and Materials (ASTM) International Standards D6400 or D6868 for compostable
plastics, as those standards may be amended.
BOROUGH OF RED BANK CONTRACTOR
Any person or entity that has a contract with the Borough
of Red Bank for work or improvement to be performed, for a franchise,
concession, for grant monies, goods and services, or supplies to be
purchased at the expense of the Borough, or to be paid out of monies
deposited in or under the control of the Borough.
BOROUGH OF RED BANK FACILITY
Any building, structure or vehicle owned and operated by
the Borough of Red Bank, its agents, agencies, and departments.
BUSINESS ESTABLISHMENT
Any commercial enterprise that provides carryout bags to
its customers through its employees or independent contractors associated
with the business. The term includes sole proprietorships, joint ventures,
partnerships, corporations, or any other legal entity, whether for
profit or not for profit. This term is inclusive of any store or business
which sells or offers goods or merchandise, located or operating within
the Borough of Red Bank, including those referenced in "food or grocery
establishment" and "food provider."
COMPOSTABLE
All the materials in the product or package, when composted
in an industrial or municipal compost operation, will break down,
or otherwise become part of, usable compost (e.g., soil-conditioning
material, mulch) in a safe and timely manner. Compostable food service
ware must meet ASTM Standards for compostability, and any bioplastic
or plastic-like product must be clearly labeled, preferably with a
color symbol, to allow proper identification such that the collector
and processor can easily distinguish the ASTM standard compostable
plastic from non-ASTM standard compostable plastic.
DISPOSABLE FOOD SERVICE WARE
Is interchangeable with "to go" packaging and "food packaging
material" and includes, but is not limited to: all containers, clamshells,
bowls, plates, trays, cartons, cups, utensils, napkins, condiment
packets, straws, stirrers, napkins and other items designed for one-time
use associated with prepared foods, including, without limitation,
service ware for takeout foods and/or leftovers from partially consumed
meals prepared by food providers.
[Amended 3-14-2024 by Ord. No. 2024-08]
EVENTS PROMOTER
An applicant for any event permit issued by the Borough or
any Borough employee(s) responsible for any Borough-organized event.
FOOD OR GROCERY ESTABLISHMENT
All sales outlets, stores, shops, vehicles or other places
of business located within the Borough which operate to sell or convey
foods, or beverages, which foods or beverages are predominantly contained,
wrapped or held in or on packaging. Food establishment shall include,
but not be limited to, any place 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, convenience store, coffee shop, cafeteria,
short-order cafe, delicatessen, luncheonette, grill, sandwich shop,
soda fountain, hotel, motel, movie house, theatre, bed-and-breakfast
inn, tavern, bar, cocktail lounge, nightclub, roadside stand, take-out
prepared food place, industrial feeding establishment, catering kitchen,
mobile food preparation unit, commissary, event, grocery store, public
food market, produce stand, food stand, or similar place in or at
which food or drink is prepared for sale, or for service, on the premises
or elsewhere, and any other establishment or operation where food
is processed, prepared, stored, served, sold, or provided for the
public and any organization, group or individual which provides food
as part of its service.
FOOD PROVIDER
Any vendor, business, organization, entity, group or individual,
including food establishments, as defined herein, located in the Borough
of Red Bank that offers food or beverage to the public.
PERSON
An individual, business, event promoter, trust, firm, joint
stock company, Corporation, non-profit, including a government corporation,
partnership, or association.
POLYSTYRENE/PLASTIC FOAM
Blown expanded and extruded polystyrene (sometimes called
Styrofoam™) or other plastic foams
which are processed by any number of techniques, including, but not
limited to, fusion of monomer spheres (expanded bead plastic), injection
molding, foam molding, and extrusion-blown molding (extruded foam
plastic). Polystyrene and other plastic foam is generally used to
make cups, bowls, plates, trays, clamshell containers, meat trays,
egg cartons, coolers, ice chests, shipping boxes, packing peanuts,
and beach or pool toys. The term "polystyrene" does not include clear
or solid polystyrene known as "oriented polystyrene."
POLYSTYRENE/PLASTIC FOAM PRODUCTS
Any item such as coolers, ice chests, cups, bowls, plates,
clamshells, shipping boxes, containers, cutlery, or any other merchandise
containing polystyrene/plastic foam that is not wholly encapsulated
or encased by a more durable material.
PREPARED FOOD
Food or beverages which are served, packaged, cooked, chopped,
sliced, mixed, brewed, frozen, squeezed or otherwise prepared within
the Borough. Prepared food does not include raw, butchered meats,
fish and/or poultry sold from a butcher case or similar food establishment.
RECYCLABLE
Any material that is accepted by the Borough recycling program
or the Monmouth County recycling program, including, but not limited
to, paper, glass, aluminum, cardboard and plastic bottles, jars and
tubs. This also means any approved alternative products which are
accepted by the County's recycling centers.
REUSABLE CARRYOUT BAG
A carryout bag that is specifically designed and manufactured
for multiple reuse, and meets the following criteria:
A.
Displays in a highly visible manner on the bag exterior, language
describing the bag's ability to be reused and recycled;
C.
Is constructed out of any of the following materials:
(1)
Cloth, other fabric, or other materials whether woven or nonwoven;
or
(2)
Recyclable plastic, with a minimum thickness of 2.25 mils; and
(3)
Has a minimum lifetime of 125 uses, which for purposes of this
subsection means the capability of carrying a minimum of 22 pounds
125 times over a distance of at least 175 feet.
SINGLE-USE PLASTIC CARRYOUT BAG
A bag provided by a business establishment to a customer
typically at the point of sale for the purpose of transporting purchases,
which is made predominantly of plastic derived from either petroleum
or a biologically based source.
[Amended 3-14-2024 by Ord. No. 2024-08]
A. Food providers within the Borough of Red Bank may not provide food
in any disposable food service ware that contains polystyrene/plastic
foam.
B. Disposable food service ware that contains polystyrene/plastic foam
is prohibited from use in all Borough of Red Bank facilities.
C. Effective
April 22, 2024, the provision of plastic utensils, condiment packets,
napkins, and extra containers to take-out or delivery customers is prohibited, unless requested by
the customer. Online ordering and delivery apps shall be set to a
default to not provide plastic utensils, condiment packets, napkins,
and/or extra containers unless the customer selects an option to request
said items. Delivery and courier services shall not provide said items
unless requested by the customer. These restrictions shall not apply
to self-service stations within any food provider's premises or within
any food or grocery establishment.
D. Borough of Red Bank contractors in the performance of Borough contracts
and events promoters may not provide food in disposable food service
ware that contains polystyrene/plastic foam.
No business establishment or event promoter within the Borough
of Red Bank may sell, rent, or otherwise provide any polystyrene/plastic
foam product which is not wholly encapsulated or encased within a
more durable material, except as exempted in this section. This specifically
includes, but is not limited to, cups, plates, bowls, clamshells,
bags, and other products intended primarily for food service use,
as well as coolers, containers, ice chests, shipping boxes, or packing
peanuts.
[Amended 3-14-2024 by Ord. No. 2024-08]
A. No summonses
or other process shall be issued by the Borough, nor shall any penalties
be enforced by the Municipal Court, for violations of this chapter,
except for any such violation(s) occurring on or after September 1,
2020.
B. No summonses or other process shall be issued by the Borough, nor shall any penalties be enforced by the Municipal Court, for violations of §
492-3C of this chapter, except for any such violation(s) occurring on or after July 1, 2024.