City of West Haven, CT
New Haven County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of West Haven 3-12-1990 by Ord. No. 287. Amendments noted where applicable.]
GENERAL REFERENCES
Food establishments — See Ch. 115.
Garbage, rubbish and refuse — See Ch. 119.

§ 117-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
BIODEGRADABLE PACKAGING
Packaging made of cellulose-based or other substances that are capable of being readily attached, decomposed, assimilated and otherwise completely oxidized or broken down by bacteria or other natural biological organisms into carbonaceous soil material or water and carbon dioxide.
PACKAGING
All food-related wrappings, adhesives, cords, bindings, strings, bags, boxes, containers and disposable or nonreusable plates, cups or drinking utensils intended for use within West Haven.
RETAIL FOOD ESTABLISHMENT
Any restaurant, food operation or any other place other than a private residence where food and drink is prepared or served, with or without charge, for consumption on or off the premises, including any catering establishment or any eating place, whether fixed or mobile; restaurant; bar; cafe; cafeteria; industrial establishment; public or private school; private club; coffee shop; tea room; short-order cafe; sandwich stand; or any other type of food service operation and any person, firm or corporation which sells, offers or keeps for sale any groceries, confectionaries, meats, fish, vegetables or fruits, all sales outlets, stores, shops or other places of business located within the City of West Haven which operate primarily to sell or convey foods directly to the ultimate consumer, which foods are predominantly contained, wrapped or held in or on packaging. "Retail food establishment" shall include, but not be limited to, any place 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; delicatessen; luncheonette; grill; sandwich shop; soda fountain; tavern; bar; cocktail lounge; nightclub; roadside stand; take-out prepared food place; industrial feeding establishment; catering kitchen; commissary; 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 for the public for charge.

§ 117-2 Prohibited activities.

A. 
No retail food establishment located and doing business in the City of West Haven shall sell or convey food directly to ultimate consumers within the City of West Haven unless such food is placed, wrapped or placed in biodegradable packaging at the conclusion of a sales transaction for the purchase of such food, which takes place on the premises of such a retail food establishment at or near a sales counter or equivalent customer purchasing station but prior to removal of such food from the premises of such retail food establishment.
B. 
No retail food establishment located and doing business within the City of West Haven shall sell, give or provide eating utensils or food containers to any consumers within the City of West Haven if such eating utensil or food container is composed of polystyrene.

§ 117-3 Rules and regulations.

The Director of Public Health of the City of West Haven or any entity serving as such may issue and promulgate such rules and regulations as may be necessary to implement and carry out the provisions of this chapter.

§ 117-4 Exemptions.

[Amended 10-22-1990 by Ord. No. 299]
Section 117-3 of this chapter shall not apply to the following items:
A. 
Any flexible transparent covering for uncooked or raw meat, poultry, raw fish, hard cheese, cold cuts, fruit and vegetable produce, baked goods and bread.
B. 
Any paper or other cellulose-based packaging that is coated with polyethylene plastic on only one side.
C. 
Any plastic covers, covering material, food containers, lids, eating utensils or straws that are not made of polystyrene or polyvinyl chloride.
D. 
Foods and beverages packaged or processed outside of the City of West Haven.
E. 
Lids for which there are no replacement.

§ 117-5 Enforcement.

A. 
The Director of Public Health of the City of West Haven or any entity serving as such or his authorized agent or a sanitarian employed by such Director of Public Health or any authorized agent of such entity or any sanitarian employed by such entity may enter into any retail food establishment in the City of West Haven where there is just cause to suspect the use of any packaging prohibited by this chapter and abate or cause to be abated such use.
B. 
For the purposes of abating the use of such prohibited packaging, the Director of Public Health of the City of West Haven or any entity serving as such shall have the same power and authority granted pursuant to Connecticut General Statutes, Section 19a-206(b) and (c).

§ 117-6 Penalties for offenses.

Failure to comply with § 117-2 of this chapter shall be punishable by a fine of not more than $100 for each day such violation continues to exist.

§ 117-7 Severability.

If any part or provision of this chapter or the application thereof to any person, entity or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation on the part of or provision of or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this chapter or the application thereof to other persons, entities or circumstances.

§ 117-8 Preemption.

This chapter shall be null and void on the day that 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 City of West Haven. The West Haven City Council may determine via mere resolution whether or not identical or substantially similar statewide legislation has been enacted for the purposes of triggering the provisions of this section.

§ 117-9 When effective.

This chapter shall become effective 30 days after signing by the Mayor.

§ 117-10 Polystyrene recycling.

[Added 10-22-1990 by Ord. No. 299]
A. 
Any institutional food service establishment using polystyrene shall have a recycling program which removes 90% of its polystyrene from the waste stream.
B. 
Vendors and commercial or retail users who sell or use polystyrene packaging products may sell or use said polystyrene packaging products, provided that said vendors or users of such products demonstrate to an official designated by the Mayor that such vendors or users are actively engaged in a comprehensive effort to recycle the polystyrene packaging materials which they generate. Such recycling effort shall include ongoing collection and delivery of such packaging materials to an established recycling facility.