[Adopted 12-16-2020 by L.L. No. 1-2020]
The Albany County Legislature finds and determines that:
A. 
Littered plastic products, including straws, stirrers and plastic cutlery, have caused and continue to cause significant environmental harm and have burdened local governments with significant environmental cleanup costs. Plastics synthesized from petroleum and natural gas do not biodegrade. Even with the emergence of bioplastics, which are derived from renewable biomass sources, such as plants and microorganisms, there is no certified type of bioplastic that biodegrades in a marine environment.
B. 
The Albany County Legislature prioritizes the protection of the environment and through public policymaking and adoption of local laws intends to take initiative to minimize the unnecessary use of plastic in our environment. A reduction in the use of plastic straws, stirrers and cutlery will further serve Albany County's goal of reducing plastic litter.
As used in this article, the following terms shall have the meanings indicated:
BEVERAGE PROVIDER
Any business, organization, entity, group or individual located in the County that offers liquid, slurry, frozen, semi-frozen or other forms of beverages to the public for consumption.
FOOD SERVICE WARE
All containers, bowls, plates, trays, cups, lids, napkins and other like items that are designed for one-time use for prepared foods, including, without limitation, service ware for takeout foods and/or leftovers from partially consumed meals prepared by food vendors. The term "food service ware" does not include items composed of aluminum.
PLASTIC BEVERAGE STRAW
A tube made predominantly of plastic derived from either petroleum or a biologically based polymer for transferring a beverage from its container to the mouth of the drinker. "Plastic beverage straw" includes compostable and biodegradable petroleum or biologically based polymer straws, but does not include straws that are made from nonplastic materials, such as paper, grain stalks, bamboo, etc.
PLASTIC CUTLERY
Any utensil, such as a fork, spoon, spork or knife, made predominantly of plastic derived from either petroleum or a biologically based polymer intended for only one-time use. "Plastic cutlery" includes compostable and biodegradable petroleum or biologically based polymer forms of cutlery, but does not include forms of cutlery that are made from nonplastic materials, such as wood, bamboo, etc.
A. 
All Albany County restaurants, including fast-food restaurants, drive-through windows of restaurants, beverage providers or vendors, shall only offer plastic cutlery and straws upon request. Nothing in this article shall preclude a drive-through restaurant employee or employee of any restaurant from asking its customers if they need utensils or straws.
B. 
Nothing in this section precludes restaurants, including fast-food restaurants, beverage providers, vendors or persons, from using or making nonplastic alternatives, such as those made from paper, grain stalks, sugar cane or bamboo, available to beverage consumers.
C. 
Nothing in this article requires stores that offer a "self-service" station that includes straws, stirrers and plastic cutlery to additionally ask consumers if they request a straw or plastic item. "Self-service" areas, by definition, offer consumers the ability to make their own choice about whether to use plastic items.
A. 
Upon six months from the date of enactment, no establishment within the County shall offer to consumers any single-use straw or beverage stirrer made of plastic.
B. 
Exceptions. This prohibition shall not apply to:
(1) 
Prepackaged drinks sold at commercial establishments;
(2) 
Use by medical or dental facilities;
(3) 
Use by individuals with a disability or other impairment requiring use of plastic straws.
A. 
The County Executive shall designate the County Health Department as the designated department to have the responsibility to engage the restaurant and food service community affected by this article for pre-implementation discussions about how best to collaboratively work together to successfully enact 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. The County Health Department shall provide, at a minimum, consistent signage and other implementation and public education tools aimed at ensuring successful adoption of this article. In addition, this County department shall also have the authority to enforce this article. Each day of violation, after written notice, is a separate violation.
B. 
Violations will be subject to the following penalties:
(1) 
First offense: written warning.
(2) 
Second offense: $100 penalty.
(3) 
Third and subsequent offenses: $250 penalty.
This article shall take effect six months after the date of enactment.