[HISTORY: Adopted by the Township Committee of the Township of Dennis: Art. I, 1-22-1990 as Ord. No. 90-187. Amendments noted where applicable.]
[Adopted 1-22-1990 as Ord. No. 90-187]
This Article seeks, to the maximum extent practicable, to eliminate the use of nondegradable packaging originating in retail establishments within the Township of Dennis to protect the air, land and waters of the township against environmental contamination and degradation.
As used in this Article, the following terms shall have the meanings indicated:
DEGRADABLE PACKAGING
Packaging made of cellulose-based or other substances that are capable of being readily attacked, decomposed, assimilated and otherwise completely oxidized or broken down by bacteria or other natural or biological organisms into carbonaceous soil material or water and carbon dioxide.
PACKAGING
All food-related wrappings, adhesives, cords, bindings, bags, boxes and containers and disposable or nonreusable plates, cups or drinking utensils intended for use within the Township of Dennis.
RETAIL FOOD ESTABLISHMENT
All sales outlets, stores, shops or other places of business located in the Township of Dennis which sell or convey foods directly to the ultimate consumer, which foods are predominately contained, wrapped or held in or on packaging, and shall include but shall not be limited to any place where food is prepared, cooked, packaged, handled, stored, manufactured or sold or offered for sale.
A. 
No retail food establishment located or doing business within the Township of Dennis shall sell or convey food directly to ultimate consumers within the township unless such food is placed, wrapped or packed in biodegradable packaging prior to the removal of such food from the premises of such retail food establishment.
B. 
No retail food establishment located and doing business within the Township of Dennis shall provide eating utensils or food containers to any consumers within the township if those utensils or food containers are composed of polystyrene or polyvinyl chloride.
A. 
The Township of Dennis shall not purchase any food packaging which contains polystyrene or polyvinyl chloride, nor shall it sponsor any event which utilizes such packaging. All food packaging shall be biodegradable and/or photodegradable.
B. 
The township shall exclusively advertise for receipt of bids for degradable plastic bags for use by the township.
Section 162-3 of this Article does not apply to the following items:
A. 
Any flexible transparent covering for uncooked or raw meat or poultry, raw fish, hard cheese, cold cuts, fruit and vegetable produce, baked goods or bread.
B. 
Any food packaging used at hospitals or nursing homes.
C. 
Any paper or other cellulose-based packaging that is coated with polyethylene plastic on only one side.
D. 
Any plastic covers, covering material, food containers, lids, eating utensils or straws that are not made out of polystyrene or polyvinyl chloride.
The Code Official of the Township of Dennis is hereby empowered to enforce the provisions of this Article and to issue summonses for any violation thereof in accordance with the rules governing the courts of the State of New Jersey.
Any person found guilty of violating any provision of this Article shall be punished by a fine of not less than $100 and not more than $1,000. Each violation and each day a violation is committed or permitted to continue shall constitute a separate violation and shall be punishable as such.