This article shall be known as the "Food Service Waste Reduction
Act."
As used in this article, the following terms shall have the
meanings indicated:
COMPOSTABLE
All materials in the product or package will break down into,
or otherwise become part of, usable compost (e.g., organic soil conditioning
material or mulch) in a safe and timely manner. When the products
are designed to be composted, they should meet ASTM Standards D6400
(for compostable plastics) or ASTM D6868 (for compostable packaging).
Products that meet the requirements in these two specifications will:
A.
Disintegrate rapidly during the composting process so that no
large plastic fragments can clog composter screens.
B.
Not reduce the value or utility of the finished compost. The
humus created during the composting process will support plant life.
C.
Not contain high amounts of regulated metals.
CUSTOMER(S)
Any person(s) purchasing prepared food from a food service
establishment.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
DISPOSABLE FOOD SERVICE WARE
All bowls, plates, cartons, cups, other containers, trays
or other items intended for one-time use on or in which any food service
establishment directly places and/or packages food or provides same
to customers to place and/or package food or which are used by customers
to consume food. This includes, but is not limited to, service ware
used for takeout or leftovers from partially consumed meals prepared
for consumption at a specific location.
FOOD SERVICE ESTABLISHMENT
A food service establishment permitted by the Albany County
Department of Health and located in Albany County, except for not-for-profit
organizations that sell food as fund-raising events incidental to
their primary purpose.
LOCALLY RECYCLABLE MATERIALS
Recyclable materials, as defined below, that are commonly
accepted by municipal recycling programs or waste haulers and are
considered "mainstream recyclable materials" according to Federal
Trade Commission Green Guides, 16 CFR Part 260.
POLYSTYRENE FOAM
Any blown polystyrene, expanded or extruded foams (commonly
referred to as "Styrofoam") 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 from polystyrene). Polystyrene foam
is generally used to make cups, bowls, plates and trays.
PREPARED FOOD
Any food or beverage which is served in Albany County, which
is packaged, cooked, chopped, sliced, mixed, brewed, frozen, squeezed
or otherwise prepared on the premises of a food service establishment.
RECYCLABLE MATERIALS
Solid waste that may be separated, collected, processed,
marketed and returned to the economy in the form of raw materials
or products, including, but not limited to, types of metal, glass,
paper, plastic, required to be recycled pursuant to this chapter,
solid waste collected for recycling or reuse through special events
or programs promoted, operated or funded by the department, and solid
waste accepted through non-departmental infrastructure for recycling
or reuse.
RESTAURANT
Any food service establishment that sells prepared food for
customer consumption on or off the premises.
The Health Commissioner is authorized to promulgate rules and
regulations and take any and all other reasonable actions necessary
to implement and enforce this article. Any rules and regulations so
promulgated shall be made available on the County of Albany website
in a manner approved by the Health Commissioner.
Any violation of §
170-11 or
170-12 of this article shall be punishable as follows:
A. First offense. Any food service establishment guilty of a first offense
shall be guilty of a violation and shall be fined an amount not to
exceed $250.
B. Second offense. Any food service establishment guilty of a second
offense shall be guilty of a violation and shall be fined an amount
not to exceed $500.
C. Third and subsequent offenses. Any food service establishment guilty
of a third or subsequent offense shall be guilty of a misdemeanor
and shall be fined an amount not to exceed $1,000.
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 article,
or in the event that a pertinent state or federal administrative agency
issues and promulgates regulations preempting such action by the County
of Albany. 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.
This article shall be effective six months subsequent to filing
in the Office of the Secretary of State and shall apply to all transactions
occurring on or after the effective date of this article.