[HISTORY: Adopted by the City Council of the City of West
Haven 3-12-1990 by Ord. No. 287. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
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.
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.
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.
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.
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.
[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.
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).
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.
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.
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.
This chapter shall become effective 30 days after signing by
the Mayor.
[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.
