[Adopted 4-8-91 by Ord. No. 91-32]; [Amended 8-26-91 by Ord.
No. 91-88]
The East Brunswick Township Council finds that discarded packaging
of food is a significant source of litter and municipal waste disposal.
The chemical composition and ability of a substance to degrade are
useful criteria in establishing a policy of solid waste and litter
control. Polystyrene foam is not biodegradable. Retail food establishments
in East Brunswick are the points of origin for polystyrene foam. Their
use of polystyrene foam poses a threat to the environment by taking
up landfill space and by the possible introduction of carbon dioxide
and ash when completely combusted. There is no economically viable
market for recycling polystyrene foam. Other plastic and/or paper
products are available as substitutes. Plastics constitute 6% of all
roadside litter, according to a study commissioned by the Federal
Highway Commission. The disposal of polystyrene foam at sea has a
very serious negative effect on marine life. Chlorofluorocarbons (CFCs)
are chemical compounds used as an expansion agent in polystyrene foam
food service products. When released into the atmosphere, CFCs rise
to the stratosphere where they break down and release chlorine. The
chlorine then acts to reduce the stratospheric ozone layer causing
an increase in the amount of ultraviolet radiation reaching the earth.
The Township Council, by enacting this ordinance, is seeking to reduce
the non-recyclable, non-degradable food packaging products and the
Council is also seeking to reduce the amount of litter adversely affecting
the air, land and waters of the Township of East Brunswick.
This ordinance will serve the public interest by reducing the
quantity of non-biodegradable waste in landfills serving East Brunswick.
A portion of any substitute packaging will be composed of products
that are biodegradable in whole or in part.
Polystyrene foam packaging takes up more space in landfills
than many other packaging materials, because of the comparatively
low density of Polystyrene foam and its present popularity as a packaging
material. Siting and developing landfills is an increasingly expensive
undertaking, and these costs place an economic burden on the residents
or the Township of East Brunswick, Maximizing the operating life of
landfill facilities therefore promotes the public interest, and this
interest will be served by reducing the amount of Polystyrene foam
deposited in landfills.
The Council recognizes that other commonly used food packaging
materials are also non-biodegradable and contribute to litter and
landfill problems; nevertheless, the Council finds that it is appropriate
to regulate Polystyrene foam food packaging while not regulating other
types of food packaging at this time for the following reasons:
A.
To minimize disruption in the food services industry, the Council
should avoid banning a wide range of packaging materials at one time.
It might be appropriate to ban other packaging materials in the future,
but an incremental approach to eliminating undesirable packaging materials
will cause less disruption and allow the Township of East Brunswick
to handle enforcement proceedings in more manageable stages.
B.
Polystyrene foam is the least dense commonly used food packaging
material, and therefore is more wasteful of landfill space than any
other category of food packaging material. It is therefore appropriate
to start with Polystyrene foam as the Township of East Brunswick begins
to address the issues of litter and inappropriate utilization of landfill
space.
C.
Ingestion of Polystyrene foam particles has been identified as a
hazard to wildlife, while this problem has not been associated with
other food packaging materials.
[Amended 8-26-91 by Ord. No. 91-88]
a.
"Biodegradable Packaging" shall mean packaging made of cellulose
based substances or other substances which are capable of being readily
attacked, decomposed, assimilated, and/or otherwise completely oxidized
or broken down into its constituent parts by bacteria, natural biological
organisms, carbonaceous soil material, water, 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.
b.
"Packaging" shall mean all food-related wrappings including but
not limited to bags, sacks, wrappings, containers, bowls, plates,
trays, cartons, cups or drinking utensils intended for use within
the Township of East Brunswick.
c.
"Prepared food" means food or beverages which are served on the
vendor's premises without preparation, or are prepared on the vendor's
premises by cooking, chopping, slicing, mixing, brewing, freezing
or squeezing. "Prepared food" does not include any raw uncooked meat,
fish, poultry or eggs. Prepared food may be eaten either on or off
premises.
[Amended 8-26-91 by Ord. No. 91-88]
d.
"Retail Food Vendor" shall mean all sales outlets, stores, shops,
restaurants, or other places of business located within the Township
of East Brunswick, which receive more than twenty (20%) percent of
their revenues through the sales or conveyances of foods 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 ship, cafeteria,
short-order cage, fast food outlet, delicatessen, luncheonette, grill,
sandwich shop, soda fountain, tavern, bar, cocktail lounge, nightclub,
inn, roadside stand, take out 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 said vendor
shall derive more than twenty (20%) percent of its gross revenues
from the sale of said food or drink.
[Amended 8-26-91 by Ord. No. 91-88]
a.
No retail food vendor located and doing business in the Township
of East Brunswick shall sell or convey prepared food directly to the
ultimate consumer within the Township of East Brunswick if the packaging
for such food consists of polystyrene foam or products in which Pentane
gas, Hydrocarbons, Fluorocarbons or similar gases are utilized during
manufacture. For the purposes 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 payment is expected from the ultimate consumer prior to the
consumer exiting the premises of the retail food vendor.
b.
(Reserved)
[Deleted 8-26-91 by Ord. No. 91-88]
This ordinance shall be enforced by the Director of the Department
of Public Works and Water Resources (or his/her designee).
a.
The Township of East Brunswick shall not purchase any food packaging
which contains polystyrene foam and will discontinue the use of polystyrene
foam in connection with the packaging of food. The Township shall
not sponsor any event which utilizes such packaging.
b.
The Township Clerk shall be directed to exclusively advertise for
the receipt of bids for biodegradable materials whenever said bids
are required by the Township of East Brunswick.
The Township recognizes that total elimination of Polystyrene
foam and other disposable plastic products as a way to reduce litter
and reduce the amount of solid wastes deposited in landfills is a
long term community goal. Total elimination will require substantial
financial commitments and should include public education. To these
ends, the Township Council hereby directs the East Brunswick Environmental
Commission to make recommendations to the Township Council for reduction
of disposable plastic products in landfills and in the litter stream.
The Environmental Commission should consider the following in their
recommendations:
(a)
Public Education and Promotion
(b)
Alternative Product Recycling/Energy Conversion
(c)
Financial Assistance
(d)
Alternative Products Research (e.g., photo-degradable and biodegradable
additives)
The Environmental Commission will prepare a report to be submitted
to the Township Council within one year of the effective date of this
ordinance. The report shall assess the success of the efforts to reduce
litter and solid waste and make appropriate recommendations for improvement
and continuation of such efforts.
Any person found guilty of violating any provision of this Article
shall be subject to a fine not exceeding One thousand ($1,000.00)
Dollars. In addition to the aforesaid fines, a person found guilty
of violating this Article may be subject to up to 45 (forty-five)
hours of community service. Each day upon which a violation is committed
shall be considered a separate violation.
The Township Council may exempt a food vendor or food packager
from the requirements of this ordinance for a one year period, upon
a showing by the applicant that the conditions of this ordinance would
cause undue hardship. The phrase "undue hardship" shall be construed
to include, but not be limited to:
1.
Situations where there are no acceptable alternatives to Polystyrene
food packaging for reasons which are unique to vendor, packager, or
provider;
2.
Situations where compliance with the requirements of this ordinance
would deprive a person of a legally protected right. If a request
for exemption is based upon a claim that a legally protected right
would be denied if compliance were required and such request for exemption
is denied, review of the denial shall only be to the Superior Court
of New Jersey, and not otherwise.
