[Adopted 5-21-2019 by L.L. No. 2-2019]
[Amended 10-15-2019 by L.L. No. 7-2019]
This article shall be known and referred to as "A Local Law
Requiring Restaurants and Fast Food Service Establishments Provide
Plastic Beverage Straws, Plastic Stirrers, Plastic Cutlery, and Condiment
Packets Only Upon Request."
[Amended 10-15-2019 by L.L. No. 7-2019]
Ulster County continues to be a leader in environmental management.
The Ulster County Legislature recognizes that making certain single-use
plastic items available upon request will drastically reduce the plastic
put into our environment, helping to preserve our community. Allowing
customers to make a choice empowers each patron to choose to help
eliminate plastic pollution, and is a small step towards the elimination
of single-use plastic.
As used in this article, the following terms shall have the
meanings indicated:
A tube for transferring a beverage from its container to
the mouth of the drinker.
Any spice, sauce, or seasoning packaged in a single-serving
packet that is intended to be added to food to impart a particular
flavor, to enhance its flavor, or to complement a dish.
[Added 10-15-2019 by L.L.
No. 7-2019]
Knives, forks, and spoons used for eating food.
[Added 10-15-2019 by L.L.
No. 7-2019]
A customer that orders and consumes prepared food on a restaurant's
premises.
Food service establishments located within the County of
Ulster that serve food and/or beverages via a drive-through; in a
packaged form for takeout/takeaway; or from stands or kiosks which
provide no shelter for customers.
Food or beverage prepared for consumption on the restaurant's
premises, using any cooking or food preparation technique.
Any vendor located or providing food within the County of
Ulster which provides prepared food for public consumption on its
premises.
A product that is designed to be only used one time in its
same form by the customer, food vendor or other entity.
An object or device used to mix something, frequently offered
at establishments that serve coffee.
[Added 10-15-2019 by L.L.
No. 7-2019]
Prepared meals or other food or beverage items that a customer
purchases at a restaurant and intends to eat elsewhere.
[Amended 10-15-2019 by L.L. No. 7-2019]
A.
Restaurants and fast food service establishments shall only provide
a single-use plastic beverage straw, single-use plastic cutlery, and
single-use plastic to a dine-in customer upon the customer's
request.
B.
Restaurants and fast food service establishments shall only provide
a single-use plastic beverage straw, single-use plastic cutlery, and
single-use plastic stirrers to a customer purchasing a take-out food
order upon the customer's request.
C.
Restaurants and fast food service establishments shall provide single-use
condiment packets to a dine-in customer and/or a customer purchasing
a take-out food order upon the customer's request; however, the
establishment may display single-use condiment packets allowing for
a customer to help oneself without a request.
D.
Nothing in this article shall prevent any establishment from providing
paper or nonplastic straws or biodegradable alternatives to plastic
stirrers and cutlery without a request.
[Amended 10-15-2019 by L.L. No. 7-2019]
A.
Each restaurant and fast food service establishment that provides
single-use plastic beverage straws, single-use plastic cutlery, single-use
plastic stirrers, and/or single-use condiment packets shall post a
sign in a location easily visible to each customer which shall state:
"SINGLE-USE PLASTIC BEVERAGE STRAW, SINGLE-USE PLASTIC CUTLERY, SINGLE-USE
PLASTIC STIRRERS, AND/OR SINGLE-USE CONDIMENT PACKETS AVAILABLE UPON
REQUEST." Items mentioned above that are not offered by the restaurant
or fast food service establishment shall not be included in signage.
B.
Signs shall be protected from tampering, damage, removal, or concealment.
Violations of this article shall be enforced as follows:
A.
For the first violation, the Commissioner of Health, or designee,
upon determination that a violation of this article has occurred,
shall issue a written warning notice to the fast food service establishment
or restaurant which will specify the violation and the appropriate
penalties in the event of future violations.
B.
Thereafter, the following penalties shall apply:
(1)
First offense. Any fast food service establishment or restaurant
guilty of a first offense shall be guilty of a violation and shall
be fined an amount not to exceed $25.
(2)
Second offense. Any fast food service establishment or restaurant
guilty of a second offense shall be guilty of a violation and shall
be fined an amount not to exceed $50.
(3)
Third and subsequent offense. Any fast food service establishment
or restaurant guilty of a third or subsequent offense shall be guilty
of a violation and shall be fined an amount not to exceed $100 for
each offense.
C.
For the purpose of this section, each physical location or establishment
shall be treated individually, and offenses and fines for separate
locations shall be considered individually.
This article shall be null and void on the day that federal
or statewide legislation goes into effect, incorporating either the
same or substantially similar provisions as are contained in this
chapter, or in the event that a pertinent state or federal administrative
agency issues and promulgates regulations preempting such action by
the County of Ulster. The County Legislature may determine via mere
resolution whether or not identical or substantially similar federal
or statewide legislation, or pertinent preempting state or federal
regulations have been enacted for the purposes of triggering the provisions
of this section.
[Amended 10-15-2019 by L.L. No. 7-2019]
If any clause, sentence, paragraph, section, subdivision, or
other part of this article or its application shall be inconsistent
with any federal or state statute, law, regulation or rule then the
federal or state statute, law, regulation, or rule shall prevail.
If any clause, sentence, paragraph, section, subdivision, or other
part of this article or its application shall be adjudged by a court
of competent jurisdiction to be invalid or unconstitutional, such
order or judgment shall not affect, impair, or invalidate the remainder
of the local law which shall remain in full force and effect except
as limited by such order or judgment.
[Amended 10-15-2019 by L.L. No. 7-2019]
This article shall be effective subsequent to filing in the
Office of the Secretary of State.
