[HISTORY: Adopted by the Borough Council
of the Borough of Paramus 8-21-2019 by Ord. No. 19-16; amended and renumbered 10-29-2019 by Ord. No.
19-27. Subsequent amendments noted where applicable.]
A.
On average, one person uses 500 single-use disposable plastic bags
per year, four billion single-use shopping bags are used annually
in New Jersey, and 102 billion are used nationwide.
B.
In the ocean, plastic bags are broken down into tiny pieces that
cannot be digested by marine life. Micro-plastic pollution in oceans
can accumulate toxic chemicals, harms marine life, and enters the
human food chain.
C.
Two million barrels of oil are used annually to make the plastic
bags that Americans use.
D.
Approximately less than 1% of plastic bags are recycled. Most plastic
bags are made from polyethylene, which takes centuries to degrade.
Each ton of recycled plastic bags saves the energy equivalent of 11
barrels of oil.
E.
Paramus desires to reduce the use of single-use plastic bags by all
residents and merchants.
F.
Polystyrene foam (sometimes called "Styrofoam®," a Dow Chemical Co. trademarked form of polystyrene foam insulation)
contains styrene, a known neurotoxin and suspected carcinogen, which
can leach from polystyrene foam disposable food service ware and packaging
into food and drink, which potentially threatens human health.
G.
The general public is not typically warned of any potential hazard
with polystyrene foam.
H.
Expanded polystyrene foam, the type used in most disposable food
service products, cannot be recycled and takes 500 years to decompose.
I.
Billions of polystyrene foam cups are used yearly in convenience
stores, restaurants and lunchrooms, ending up in landfills. Polystyrene
foam and polystyrene foam products fill up approximately 30% of landfill
space in America.
J.
If not disposed of properly, polystyrene foam products and plastic
bags are blown into local woods and streams, affecting wildlife and
marine life. According to a 2016 study by NY/NJ Baykeeper, polystyrene
foam makes up 38% of all plastic pollution in the Hackensack River.
K.
Paramus residents understand that reusable bags consume far less
energy and natural resources than single-use plastic carry-out bags
and recyclable paper carryout bags, when used as intended, and that
polystyrene foam products are easily replaceable with recyclable or
compostable alternatives such as recycled paper cups.
L.
Pursuant to N.J.S.A. 40:48-2, a municipality in New Jersey may enact
such ordinances "as it may deem necessary and proper for the good
government, order and protection of persons and property, and for
the preservation of the public health, safety and welfare of the municipality
and its inhabitants." Regulating the retail use of plastic bags and
polystyrene foam will preserve the current and future public health,
safety, and welfare of Paramus by protecting natural resources and
encouraging environmental sustainability.
The following definitions apply to this chapter:
Meeting the standards of the American Society for Testing
and Materials International Standard D6400 or D6868 for biodegradable
and compostable plastics, as those standards may be amended.
Recyclable paper carry-out bags and reusable bags.
All materials in the product or package are capable of undergoing
biological decomposition or otherwise becoming part of a usable compost
(e.g., soil conditioning material or mulch) in a safe and timely manner
in an appropriate composting program or facility. Compostable disposable
food service ware and packaging includes ASTM-Standard bio-plastics
or plastic-like products that are clearly labeled, such that any compost
collector and processor can easily distinguish the ASTM-Standard compostable
plastic from non-ASTM-Standard compostable plastic.
Any person purchasing goods or services.
Packaging made of cellulose-based substances or other substances
which are capable of being readily attached, decomposed, assimilated,
and/or otherwise completely oxidized or broken down into their constituent
parts by bacteria, natural biological organisms, carbonaceous soil
material, water, or 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.
All food-related wrappings, including, but not limited to,
bags, sacks, wrappings, containers, closures, bowls, plates, trays,
cartons, cups, lids, or drinking utensils intended for use within
Paramus, but excluding straws and eating utensils, that are intended
by the manufacturer to be used once for eating or drinking or that
are generally recognized by the public as items to be discarded after
one use.
Shall include both food and drink, raw food, and prepared
food, whether such food is provided free of charge or sold, unless
otherwise stated.
The person in control of, or having the responsibility for,
the operation of a retail establishment or retail food vendor, which
may include, but is not limited to, the owner of the retail establishment
or retail food vendor.
Shall include disposable food service ware and packaging,
reusable food service ware and packaging, and degradable packaging.
Any natural person, firm, corporation, partnership, trust,
joint stock company, association, or other organization or group,
however organized.
Includes blown polystyrene and expanded and extruded foams
(sometimes called "Styrofoam®," a Dow
Chemical Co. trademarked form of polystyrene foam insulation) 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 foam polystyrene).
Polystyrene foam is generally used to make cups, bowls, plates, trays,
clamshell containers, meat trays and egg cartons. The term "polystyrene
foam" includes "polyethylene foam," which is a closed-cell foam made
of millions of tiny bubbles sealed off from each other.
A bag constructed of a material that would otherwise be destined
for solid waste disposal, having completed its intended end use and
product life cycle. "Post-consumer recycled material" does not include
materials and by-products generated from, and commonly reused within,
an original manufacturing and fabrication process.
Food or beverages which are served, packaged, cooked, chopped,
sliced, mixed, brewed, frozen, squeezed, or otherwise prepared on
the food vendor's premises or within Paramus. For the purposes
of this chapter, "prepared food" includes food which may be eaten
on or off the premises, including "take-out food."
A very thin bag without handles used exclusively to carry
produce, meats, or other items to the point of sale inside a retail
establishment or, for reasons of public health and safety, to prevent
such items from coming into direct contact with other purchased items.
Bags to package bulk items, such as fruit, vegetables, nuts,
grains, candies, or small hardware items;
Bags to contain or wrap frozen foods, meat, or fish, whether
packaged or not;
Bags to contain or wrap flowers, potted plants, or other items
where dampness may be an issue;
Bags to contain unwrapped prepared foods or bakery goods; or
Pharmacy prescription bags.
PRODUCT BAGSNewspaper bags, door-hanger bags, laundry and/or dry-cleaning bags, or bags sold in packages containing multiple bags intended for use as food storage bags, garbage bags, yard waste bags, or pet waste bags.
Food or beverages which are served, packaged, cooked, chopped,
sliced, mixed, brewed, frozen, squeezed or otherwise sold on the food
vendor's premises or within Paramus. For the purposes of this
chapter, "raw food" includes meat, fish, poultry, eggs, and vegetables
on trays made, in whole or in part, from polystyrene foam, either
as separate items or as part of the sale to customers from a refrigerator
case or similar retail appliance.
Material that can be sorted, cleansed, and reconstituted
using available recycling collection programs for the purpose of reusing
the altered, incinerated, converted, or otherwise thermally destroyed
solid waste generated therefrom.
A paper bag that meets all of the following minimum requirements:
Any store or commercial establishment that sells perishable
or nonperishable goods, including, but not limited to, clothing, food,
and personal items, directly to the customer and is located and/or
doing business within the geographical limits of Paramus. Retail establishments
include: a business establishment that generates a sales or use tax;
a drugstore, pharmacy, supermarket, grocery store, convenience food
store, food mall, or other commercial entity engaged in the retail
sale of a limited line of goods that include milk, bread, soda, and
snack foods; a public eating establishment (i.e., a restaurant, take-out
food establishment, or any other business that prepares and sells
prepared food to be eaten on or off its premises); and a business
establishment that sells clothing, a hardware store, or any other
nonperishable goods. "Retail establishment" does not include nonprofit
charitable reusers as defined in Section 501(c)(3) of the Internal
Revenue Code, or a distinct operating unit or division of the charitable
organization that reuses and recycles donated goods or materials and
receives more than 50% of its revenues from the handling and sale
of those donated goods or materials.
All sales outlets, stores, shops, restaurants, parts of retail
establishments, or other places of business located and/or doing business
in Paramus that receive revenue through the sale or conveyance of
foods directly to the ultimate customer, 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
shop, cafeteria, short-order cafe, 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, cart, pushcart, vehicle, mobile unit
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 a charge. This definition includes
any department or unit of the Borough of Paramus, and the government
of Paramus shall comply with this chapter to the same extent as any
other "retail food vendor."
Any sewn bag made of cloth or other washable fabric with
stitched handles that is specifically designed and manufactured for
multiple reuse and meets all of the following additional requirements:
It is machine-washable or is made from a material that can be
cleaned or disinfected;
It does not contain lead, cadmium, or any other heavy metal
in toxic amounts, as defined by applicable state and federal standards
and regulations; and
It is affixed with a statement that the bag is a reusable bag,
as well as recycling instructions if the bag is recyclable.
All food-related wrappings, containers, service items, and
utensils designed for multiple use, including, but not limited to,
straws, napkins, cutlery, utensils, baskets, plates, bowls, ramekins,
trays, mugs, glasses, condiment dispensers, to-go containers, and
cups or other containers provided as part of a loyalty or discount
program.
Any bag made predominantly of plastic derived from either
petroleum or a biologically based source, such as corn or plant sources,
that is provided by an operator of a retail establishment or retail
food vendor to a customer at the point of sale. The term includes
compostable and biodegradable bags but specifically exempts the following
from the category of "single-use plastic carry-out bags": reusable
bags, produce bags, and product bags.
No retail establishment shall provide to any customer a single-use plastic carry-out bag, as defined in § 450-2 above.
[Amended 9-24-2019 by Ord. No. 19-16]
A.
All retail establishments shall make available to customers compliant
bags, as defined herein, for the purpose of carrying goods or other
materials away from the point of sale.
B.
Nothing in this chapter prohibits customers from using bags of any
type that they choose to bring to retail establishments themselves,
in lieu of using bags available for a fee from the retail establishment,
or from carrying away goods that are not placed in a bag.
C.
All retail establishments must provide customers with compliant bags,
upon request, if customers fail to bring their own bags.
D.
A retail establishment may choose, in its discretion, to provide
a credit to customers that choose to bring their own bags.
E.
Each retail establishment shall be strongly encouraged to educate
its staff to promote the use of reusable bags and to post signs encouraging
customers to use reusable bags rather than recyclable paper carry-out
bags.
F.
A retail establishment is strongly encouraged to educate on plastic
bag and plastic film recycling and offer a take-back program.
A.
The governing body, in consultation with the Paramus Environmental
Commission, may approve a request for an exemption from the requirements
of this chapter.
B.
Exemption decisions are effective upon approval and are final and
not appealable, except otherwise required by law.
C.
Any specific requirement of this chapter waived or exempted per § 450-5B shall be waived or exempted for a period of not more than one year. A person granted an exemption must reapply prior to the end of the one-year exemption period. The Paramus Environmental Commission shall be consulted on all such applications.
D.
The fee for exemption requests is $100.
A.
No retail establishment or retail food vendor located and/or doing
business in Paramus shall sell or convey prepared food directly to
the ultimate customer within Paramus unless such food is placed, wrapped,
or packaged in degradable packaging at the conclusion of the sales
transaction. 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
customer, 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 customer prior to the
customer exiting the premises of the retail food vendor.
B.
No retail establishment or retail food vendor located and/or doing
business in Paramus shall sell, offer for sale, give, provide, or
otherwise distribute prepared food in disposable food service ware
and packaging to any customer within Paramus if said packaging is
composed of polystyrene foam. Straws and utensils are exempt from
this section.
[Amended 10-29-2019 by Ord. No. 19-27]
C.
All Paramus facilities, Paramus-managed concessions, Borough of Paramus
sponsored events, and Paramus permitted events are prohibited from
using polystyrene foam disposable food service ware and packaging.
This prohibition shall apply to the event organizers, agents of the
event organizers, event food vendors and any other party, including
nonprofit organizations, who enter into an agreement with one or more
of the co-sponsors of the event to distribute prepared food at the
event or otherwise provide an event-related service.
D.
Borough of Paramus departments are prohibited from purchasing polystyrene
foam disposable food service ware and packaging.
A.
All retail food vendors using any disposable food service ware and
packaging shall use recyclable or compostable disposable food service
ware and packaging unless it can be shown that a recyclable or compostable
product is not available for a specific application.
B.
All disposable food service ware and packaging sold, offered for
sale, or otherwise distributed within Paramus shall be recyclable
or compostable.
C.
Retail food vendors are strongly encouraged to use reusable food
service ware and packaging.
D.
Nothing in this chapter prohibits customers from using reusable food
service ware and packaging of any type that they choose to bring to
retail food vendors themselves, in lieu of using disposable food service
ware and packaging.
E.
All Paramus facilities, Paramus-managed concessions, Paramus sponsored
events, and Paramus permitted events using any disposable food service
ware and packaging shall use recyclable or compostable disposable
food service ware and packaging.
F.
Paramus departments using any disposable food service ware and packaging
shall use recyclable or compostable disposable food service ware and
packaging.
A.
(1)
Any flexible transparent covering for raw food (including uncooked
or raw meat, poultry, raw fish, hard cheese, cold cuts, fruit and
vegetable produce), baked goods or bread.
(2)
Any disposable food service ware and packaging used at hospitals
or nursing homes.
(3)
Any plastic covers, covering materials, food containers, lids, eating
utensils, straws or other materials that are not made of polystyrene
foam.
(4)
Situations where compliance with the requirements of this chapter
would deprive a person of a legally protected right.
B.
The Paramus Borough Administrator, in consultation with the Paramus
Environmental Commission, may exempt an item or type of packaging
from the requirements of this section, upon a showing that the item
or type has no acceptable equivalent and that imposing the requirements
on that item or type would cause undue hardship. Any such exemption
or denial of an exemption must be submitted to the governing body
within 14 days, and the governing body may overrule it.
(1)
In order to be considered for such exemption, the vendor shall provide
the following documentation:
(a)
A list of suppliers contacted and statements signed by said
suppliers listing the items that can be supplied which clearly indicates
that the item or type of packaging has no acceptable equivalent or
substitute; and/or
(b)
A statement signed by said retail food vendor indicating that
it is required to purchase disposable food service ware and packaging
pursuant to a contract entered into prior to September 1, 2019, and
said supplier is unable to supply an item or type that is an acceptable
equivalent. Said statement shall be accompanied by a certified copy
of the contract in question and shall indicate the expiration date
of said contract.
C.
Any specific requirement of this chapter waived or exempted per § 450-8B shall be waived or exempted for a period of not more than one year. A person granted an exemption must reapply prior to the end of the one-year exemption period and demonstrate that the item or type still has no acceptable equivalent or substitute and that imposing the requirements on that item or type would continue to cause undue hardship if the person wishes to have the exemption extended. The Paramus Environmental Commission shall be consulted on all such applications.
D.
The fee for exemption requests is $100.
A.
The Health Officer and the Quality-of-Life Officer have authority
to enforce this chapter, including, but not limited to, investigating
violations, inspecting any retail establishment or retail food vendor's
premises to verify compliance, and issuing fines.
B.
Any retail establishment or retail food vendor that violates or fails
to comply with any of the requirements of this chapter after an initial
written warning notice has been issued for that violation shall be
liable for a subsequent infraction.
C.
If a retail establishment or retail food vendor has subsequent violations
of this chapter after the issuance of an initial written warning notice
of a violation, the following penalties will be imposed and shall
be payable by the operator of the retail establishment or retail food
vendor:
(1)
A fine not exceeding $100 for the first violation after the written
warning notice is given;
(2)
A fine not exceeding $200 for the second violation after the written
warning notice is given; or
(3)
A fine not exceeding $500 for the third and any subsequent violations
after the written warning notice is given.
D.
A fine shall be imposed for each day a violation occurs or is allowed
to continue.
A.
This chapter shall take effect January 1, 2020.
B.
The period from passage and publication to effective date shall be
known as the "ramp-up period." During the ramp-up period, the Paramus
Environmental Commission and other Paramus officials shall hold community
events and informational sessions to aid the public and businesses
in preparing to comply with the chapter. During the ramp-up period,
Paramus (through the Paramus Environmental Commission or otherwise)
shall provide for "compliant bag" giveaways to members of the public
(not in bulk to businesses). The total appropriation for these giveaways
to members of the public during the ramp-up period shall not exceed
$1,000, unless increased by the governing body.
C.
As of September 15, 2019, the Paramus Environmental Commission shall
display in a prominent place at Paramus Borough Hall the types of
materials permitted and prohibited by this chapter, with easily understood
labels. To the extent practicable, Paramus shall codify an addendum
to this chapter with pictures and labels of permitted and prohibited
materials with as much identifying information as possible in order
to make this chapter as easily understood as possible.
A.
Nothing in this chapter is intended to create any requirement, power,
or duty that is in conflict with any federal or state law, and it
shall not be construed as such.
B.
All ordinances or parts thereof in conflict or inconsistent with
this chapter are repealed, but only to the extent of such conflict
or inconsistency.
C.
The provisions of this chapter are severable; if any section, subsection,
sentence, clause, or phrase thereof for any reason is held to be invalid
or unconstitutional by a court of competent jurisdiction, such decision
shall not affect the validity of the remaining sections, subsections,
sentences, clauses, and phrases of this chapter, but they shall remain
in effect.
