[Adopted 12-11-1990 by Ord. No. 4129[1] (Ch. 462, Art. II, of the 2004 Code)]
[1]
Editor's Note: This ordinance also provided that it shall apply to retail food transactions consummated on or after December 31, 1991.
The Township Committee finds and declares as follows:
A. 
Solid waste management within the Township of Union is a fundamental concern of the Township Committee due to the limited landfill space available, rising costs of waste disposal and impacts on the environment.
B. 
Evidence available to the Township Committee indicates that discarded packaging, especially takeout food service packaging, constitutes a significant category of waste within the waste stream of the Township of Union, the single greatest source of litter within the Township and is, therefore, a necessary focus of any effort to reduce the amount of solid waste, as well as reducing the economic and environmental cost of waste management for the citizens of the Township of Union.
C. 
Single-use, nonrecyclable, nondegradable packaging, and plastic containers, is considered to be a fundamental cause of problems associated with municipal waste disposal and litter.
D. 
Chemical composition and the ability of a substance to degrade are meaningful and useful criteria to focus upon when establishing a public policy that is intended to improve the management and disposal of solid waste, reduce the cumulative impact of litter, encourage composting and other forms of recycling, minimize the potential for toxic substances which form if solid waste is burned, reduce the volume of ash by-products that may be created by the burning of waste plastic packaging and otherwise anticipate environmental problems that may be caused by municipal solid waste disposal programs.
E. 
The economic and environmental problems associated with nondegradable substances mixed with degradable substances in the waste stream are so severe that a program to modify the composition of the solid waste in the waste stream, thereby reducing the environmental hazards and toxicity associated with solid waste incineration and encouraging the composting of putrescible biodegradable wastes and encouraging other forms of recycling of solid waste substances, is hereby determined to be the policy of the Township of Union.
F. 
Certain retail food establishments within the Township of Union are the points of origin for a significant volume of packaging waste and, therefore, are particularly susceptible to actions which have significant potential for simplifying the composition of this portion of the Township of Union's solid waste stream, thereby improving solid waste management with this Township.
G. 
The widespread use of plastics, especially polystyrene and polyvinyl chloride, pose a threat to the environment by posing unnecessary taking of landfill space and/or, when incinerated, by the possible introduction of toxic by-products into the atmosphere.
H. 
The waste stream within the Township of Union is so large and diverse that any program to establish policies and laws conducive to any waste management program in lieu of landfilling must identify and set new policy for those specific sources of waste packaging which originate in this Township.
I. 
The use of polystyrene and polyvinyl chloride for food packaging is problematical because neither of these plastics are readily recyclable; their abundant commercial use in lieu of other plastics, such as polyethylene or polypropylene, unnecessarily complicates the chemical composition of the municipal waste and subtracts from the possible emergence of viable plastic recycling programs; and if burnt together, polystyrene and polyvinyl chloride leave a relatively heavier and, therefore, more expensive ash residue to dispose of, and evidence indicates that the burning of these products creates dioxin, hydrochloric acid and/or other toxic chemicals that could be admitted into the general environment of the Township of Union if incinerated.
J. 
There are readily available plastic and/or paper product substitutes for most of the polystyrene and polyvinyl chloride retail food packaging now being used in the Township of Union, the use of which alternatives would be environmentally and economically advantageous to the citizens of the Township of Union.
K. 
It is in the interest of the health, safety and welfare of all of the citizens of the Township of Union who live, work or do business in the Township that the amount of nonrecyclable, nondegradable packaging be reduced and that the amount of litter on the public streets, parks and open spaces be reduced.
L. 
Therefore, the purpose of this article is to, to the maximum extent practical, eliminate the use of nondegradable packaging originating at retail food establishments in the Township of Union in order to protect the air, land and waters of the Township of Union from environmental contamination and degradation.
As used in this article, the following terms shall have the meanings indicated:
DEGRADABLE PACKAGING
Packaging made of cellulose-based substances or other substances which are capable of being readily attached, decomposed, assimilated and/or otherwise completely oxidized or broken down into its constituent parts by bacteria, natural biological organisms, carbonaceous soil material, water or carbon dioxide or, in the alternative, capable of otherwise degrading when exposed to ultraviolet light or other natural processes, beginning within a twelve-month period from the date of manufacture or exposure to the environment.
PACKAGING
All food-related wrappings, including but not limited to bags, sacks, wrappings, containers, bowls, plates, trays, cartons, cups or eating utensils, intended for use within the Township of Union.
RETAIL FOOD VENDOR
All sales outlets, stores, shops, restaurants or other places of business located within the Township of Union which receive more than 20% of their revenue through the sale or conveyance of food directly to the ultimate consumer, which foods are predominantly contained, wrapped or held in or on packaging. "Retail food vendors" shall include, but not be limited to, any establishment 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, coffee shop, cafeteria, short-order cafe, fast-food outlet, delicatessen, luncheonette, grill, sandwich shop, soda fountain, tavern, bar, cocktail lounge, nightclub, inn, roadside stand, takeout prepared food place, industrial feeding establishment, catering kitchen, grocery store, public food market, food stand or similar place in which food or drink is prepared for sale or for service on the premises or elsewhere, and any other establishment or operation, including homes, where food is processed, prepared, stored, served or provided to the public for charge, provided that said vendor shall derive more than 20% of its gross revenues from the sale of said food or drink.
A. 
No retail food vendor located and doing business in the Township of Union shall sell or convey food directly to the ultimate consumer within the Township of Union unless such food is placed, wrapped or packaged in degradable packaging at the conclusion of the sales transaction. For the purpose of this section, conclusion of the sales transaction shall be the point of time at which the possession of the food product passes from the retail food vendor to the ultimate consumer, and the conclusion of the sales transaction need not require the actual payment of consideration for such food product; provided, however, that payment is expected from the ultimate consumer prior to the consumer exiting the premises of the retail food vendor.
B. 
No retail food vendor located within the Township of Union shall sell, give or provide eating utensils or food containers to any consumer within the Township of Union if said eating utensil or food container is composed of polystyrene or polyvinyl chloride.
A. 
Section 496-22 of this article shall not apply to the following items:
(1) 
Any product which is prepackaged by the manufacturer and which is offered for sale by the retail establishment to the public without any additional preparation by the retail establishment.
(2) 
Any packaging for uncooked or unprepared meat, poultry or raw fish offered for sale to the general public in any grocery store or supermarket, or otherwise.
(3) 
Any food packaging used by patients at hospitals.
(4) 
Any product for which a reasonable substitute is not available at a reasonable cost.
[Added 9-24-1991 by Ord. No. 4162]
B. 
In order to be considered for such exemption, the vendor shall provide the following documentation:
(1) 
A list of suppliers contacted and statements signed by said suppliers, listing the items that can be supplied which clearly indicate that the item or type of packaging has no acceptable equivalent or substitute; and/or
(2) 
A statement signed by said retail food vendor indicating that he is required to purchase food packaging pursuant to a contract entered into prior to September 12, 1990, and said supplier is unable to supply an item or type that has an acceptable equivalent. Said statement shall be accompanied by a certified copy of the contract in question and shall indicate the expiration date of said contract.
For the purpose of this article, the Health Officer and the Recycling Coordinator shall be designated as the enforcing officers. The enforcing officers shall be authorized by the Township Committee to designate as many subcode officials as deemed reasonable and necessary to carry out the purpose of this article. The enforcing officer or his designee is authorized to perform as a law enforcement officer solely with respect to the enforcement of the provisions of this article by being empowered to issue summons for any violations of this article in accordance with rules governing the courts of the State of New Jersey. In addition to the Recycling Coordinator and/or his designee, all law enforcement officers, fire officials, fire inspectors, health officials and health inspectors shall be empowered to enforce the provisions of this article.
The Recycling Coordinator is authorized to issue and promulgate such rules and regulations as may be reasonable and necessary to implement and carry out the provisions of this article.
A. 
The Township of Union 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 degradable as required by this article.
B. 
The Township Purchasing Division shall be directed to exclusively advertise for the receipt of bids for degradable plastic materials whenever said bids are required by the Township of Union.
[Amended 10-26-2004 by Ord. No. 4842; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person found guilty of violating any of the provisions of this article shall be subject to a fine of not more than $2,000, imprisonment for a period not exceeding 90 days, or a period of community service not exceeding 90 days, or any combination thereof. Each violation and each day a violation is committed or permitted to continue shall constitute a separate violation and shall be punishable as such.
This article shall be void upon the enactment or adoption of any federal and/or state law or regulation restricting the use of polystyrene, polyvinyl chloride or degradable packaging. Any person found guilty of violating any provision of this article prior to the enactment or adoption of any federal and/or state law or regulation shall be subject to the penalty provisions of this article.