City of Summit, NJ
Union County
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Table of Contents
Table of Contents
[11-18-2019 by Ord. No. 19-3205[1]]
[1]
Editor's Note: This ordinance provided that it shall take effect 5-1-2020.
As used in this section, the following terms shall have the meanings indicated:
BEVERAGE
Any liquid, including any juice, smoothie, slurry, frozen, semifrozen, or other forms of liquids, intended for drinking.
BEVERAGE PROVIDER
Any business, organization, entity, group, or individual located within the City that offers beverages to the public for consumption.
DISPOSABLE PLASTIC (BEVERAGE) STRAW
A tube made predominantly of plastic derived from either petroleum or a biologically based polymer, such as corn or other plant sources, for the purpose of imbibing liquids or transferring a beverage from its container to the mouth of the drinker by suction. "Disposable 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, sugar cane, bamboo, grass, etc.
DISPOSABLE PLASTIC STIRRER
A device that is used to mix beverages, intended for only one-time use, and predominantly made of plastic derived from petroleum or biologically based polymer such as corn or other plant sources.
FOOD PROVIDER
Any person located within the City that is a retailer of prepared food or beverages for public consumption, including, but not limited to, any store, supermarket, delicatessen, restaurant, shop, caterer, bar, pub, coffee shop, coffee stand, juice bar, convenience store, liquor store, mobile food vendor or cart, or any organization, group, or individual that regularly provides prepared food or beverages as part of its services.
PERSON
Any individual, business, firm, event promoter, trust, joint stock company, corporation (both for-profit and nonprofit) including a governmental entity, partnership, or association or other organization or group, however organized.
a. 
A food provider shall be prohibited from having self-serve/self-service disposable plastic beverage straw dispensers and stirrer dispensers and from providing or offering a disposable plastic beverage straw to a dine-in customer or take-out customer, except upon customer request. A request is not limited to a verbal request; it may be any reasonable affirmation of the customer's intent to procure a disposable plastic beverage straw or disposable plastic stirrer.
b. 
A food provider shall be permitted to ask a delivery customer if he or she wants a disposable plastic beverage straw but shall be prohibited from providing a disposable plastic beverage straw or stirrer to a delivery customer except upon customer request.
The restrictions set forth in Subsection 13-1.2 shall not apply to:
a. 
Prepackaged drinks sold or distributed by a food provider.
b. 
Use by any individual(s) with a disability or other impairment requiring the use of a plastic straw.
c. 
Nonplastic alternatives to plastic beverage straws or stirrers.
Nothing in this section precludes a food provider from using, providing, distributing or selling nonplastic alternatives to plastic beverage straws, such as those made from paper, sugar cane, glass, grass, metal, or bamboo.
a. 
The Regional Health Department has the responsibility for enforcement of this section and shall have the authority to promulgate rules as necessary and appropriate for the implementation of this section consistent with the intent and purposes of this section.
b. 
A food provider that violates or fails to comply with any of the requirements of this section shall be issued an initial written warning and shall have 30 days to correct the violation. After an initial written warning notice has been issued, the food provider shall be subject to the following penalties:
1. 
A fine not exceeding $100 for the first violation;
2. 
A fine not exceeding $200 for the second violation; or
3. 
A fine not exceeding $500 for the third and any subsequent violations.
c. 
A fine shall be imposed for each day a violation occurs or is allowed to continue.
d. 
Any person affected by any notice which has been issued in connection with the enforcement of any provision of this section, or of any rule or regulation adopted pursuant thereto, may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of this state.
[11-18-2019 by Ord. No. 19-3206[1]]
[1]
Editor's Note: This ordinance provided that it shall take effect 5-1-2020.
As used in this section, the following terms shall have the meanings indicated:
DISPOSABLE FOOD SERVICE WARE
All containers, bowls, plates, trays, cartons, cups, lids and other items designed for one-time use and on or in which any restaurant or retail food vendor directly places or packages prepared foods for consumption. This includes, but is not limited to, service ware for take-out food or drinks and/or leftovers from partially consumed meals prepared by food providers.
FOOD PROVIDER
Any person located within the City that is a retailer of prepared food or beverages for public consumption, including, but not limited to, any store, supermarket, delicatessen, restaurant, shop, caterer, bar, pub, coffee shop, coffee stand, juice bar, convenience store, liquor store, mobile food vendor or cart, or any organization, group, or individual that regularly provides prepared food or beverages as part of its services.
PERSON
Any individual, business, firm, event promoter, trust, joint stock company, corporation (both for-profit and nonprofit) including a governmental entity, partnership, or association or other organization or group, however organized.
POLYSTYRENE FOAM
Includes blown polystyrene and expanded and extruded foams (sometimes called "Styrofoam®," a Dow Chemical Co. trademarked form of polystyrene foam) 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 blown molding.
PREPARED FOOD
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 the City of Summit. For the purposes of this section, "prepared food" includes food which may be eaten on or off the premises, including take-out food.
RAW FOOD
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 the City of Summit. For the purposes of this section, "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 consumers from a refrigerator case or similar retail appliance.
a. 
Food providers are prohibited from providing prepared food and/or raw food in disposable food service ware that contains polystyrene foam.
b. 
No person may sell, offer for sale, or otherwise distribute within the City of Summit any disposable food service ware that contains polystyrene foam.
c. 
All City facilities, City-managed concessions, City-sponsored events, and City-permitted events are prohibited from using polystyrene foam disposable food service ware. This prohibition shall apply to the event organizers, agents of the event organizers, event food vendors, and any other party, including nonprofit organizations, who enters into an agreement to provide food with one or more of the co-sponsors of the event.
d. 
City departments are prohibited from purchasing polystyrene foam disposable service ware.
a. 
The restrictions set forth in Subsection 13-2.2 shall not apply to:
1. 
Raw or prepared foods prepared or packaged outside the City of Summit. Providers of food prepared or packaged outside of the City of Summit are encouraged to comply with the provisions of this section.
b. 
Any food provider or person may apply for a hardship exemption to delay the enforcement of this section by demonstrating that the food provider has purchased a supply of polystyrene foam disposable food service ware prior to the passage of this section and that the supply will not be exhausted prior to the effective date of this section. The Capital Projects and Community Services Committee shall make a determination concerning the exemption upon submission to the Director of Community Services or his/her designee of proof of purchase showing the date of purchase of polystyrene foam disposable food service wares and the quantity of bags purchased, as well as information concerning the period of time needed to deplete the supply. All applications for an exemption must be submitted within 60 days of the effective date of this section. Any appeal of a determination by the Capital Projects and Community Services Committee shall be brought to the Common Council.
a. 
The Regional Health Department has the responsibility for enforcement of this section for all food providers.
b. 
Any food provider or person subject to this section that violates or fails to comply with any of the requirements of this section after an initial written warning notice has been issued shall be subject to the following penalties:
1. 
A fine not exceeding $100 for the first violation;
2. 
A fine not exceeding $200 for the second violation; or
3. 
A fine not exceeding $500 for the third and any subsequent violations.
c. 
A fine shall be imposed for each day a violation occurs or is allowed to continue.
d. 
Any person affected by any notice which has been issued in connection with the enforcement of any provision of this section, or of any rule or regulation adopted pursuant thereto, may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of this state.
The Regional Health Department shall have the authority to promulgate rules as necessary and appropriate for the implementation of this section, subject to its jurisdiction and consistent with the intent and purposes of this section.
[11-18-2019 by Ord. No. 19-3204[1]]
[1]
Editor's Note: This ordinance provided that it shall take effect 5-1-2020.
As used in this section, the following terms shall have the meanings indicated:
COMPLIANT REUSABLE BAG
A bag made of cloth or other washable material or material capable of being disinfected with stitched handles that is specifically designed and manufactured for multiple reuses.
PERSON
Any individual, business, firm, event promoter, trust, joint stock company, corporation (both for-profit and nonprofit) including a governmental entity, partnership, or association or other organization or group, however organized.
POST-CONSUMER RECYCLED MATERIAL
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.
PRODUCE BAG or PRODUCT BAG
A very thin bag without handles used exclusively to carry produce, meats, or other food items to the point of sale inside a retail establishment or, for reasons of public health and safety, to prevent such food items from coming into direct contact with other purchased items.
RECYCLABLE
Capable of being 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, recycled in a manner that is environmentally effective, economically feasible, and safe for employees as deemed feasible by the municipality.
RECYCLABLE PAPER CHECK-OUT BAG
A paper bag that is 100% recyclable overall and contains a minimum of 40% post-consumer recycled material.
RETAIL ESTABLISHMENT
Any commercial enterprise, whether or not operated for profit, that sells perishable or nonperishable goods and products for use and/or consumption, including, but not limited to, a business establishment that generates a sales or use tax; a drugstore, pharmacy, supermarket, grocery store, convenience food store, food mart, liquor store, or other commercial entity (including vendors at street fairs and establishments operating from a temporary facility, cart, vehicle, or mobile unit); a public establishment (e.g., 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, hardware, jewelry, tobacco, toys, books, or cosmetics, or any other nonperishable goods directly to any person and is located within or doing business within the geographical limits of the City of Summit.
SINGLE-USE PLASTIC CHECK-OUT BAG
A bag made predominantly of plastic derived from either petroleum or a biologically based source, such as corn or other plant sources, provided by a retail establishment to a customer at the point of sale, but shall not include:
a. 
Produce or product bags, whether plastic or not, in which loose or bulk items, such as fruit, vegetables, nuts, grains, candies, or small hardware items, are placed by a consumer to deliver such items to the point of sale or check-out area of a retail establishment;
b. 
Laundry or dry-cleaning bags;
c. 
Newspaper bags;
d. 
Bags used to contain or wrap frozen foods, meat, or fish, whether packaged or not;
e. 
Bags used to contain or wrap flowers, potted plants, or other items where dampness may be an issue;
f. 
Bags used to contain unwrapped prepared foods or bakery goods;
g. 
Bags used to contain or wrap chemicals or paints; or
h. 
Bags sold in packages containing multiple bags intended for use as food storage bags, garbage bags, yard waste bags, contractor bags, or pet waste bags.
No retail establishment shall provide to any person a single-use plastic check-out bag for the purpose of carrying goods away from the point of sale, regardless of where payment for the transaction physically occurs, including take-out deliveries from retail establishments, with the following exceptions:
a. 
This prohibition does not apply to product bags, produce bags, recyclable paper check-out bags or compliant reusable bags.
b. 
This prohibition does not apply to items required to be sold or delivered in plastic bags in compliance with state and federal and state food safety laws.
c. 
This prohibition does not apply to tax-exempt 501(c)(3) establishments that accept donations of items for sale, provided that those establishments reuse bags from donations and do not purchase new plastic bags.
a. 
All retail establishments shall make recyclable paper check-out bags available to a person at no charge.
b. 
A retail establishment may, at its discretion, provide a person with compliant reusable bags, as defined herein, for a fee or at no charge.
c. 
Nothing in this Section prohibits customers from using bags of any type that they choose to bring to retail establishments themselves or from declining the use of any bag.
a. 
A retail establishment may choose, at its discretion, to provide a credit to customers that choose to bring their own bags.
b. 
Each retail establishment is strongly encouraged to educate its employees to promote the use of compliant reusable bags and to post signs encouraging customers to use compliant reusable bags rather than recyclable paper check-out bags.
c. 
Each retail establishment is strongly encouraged to educate on plastic bag and plastic film recycling and offer a take-back program.
A retail establishment may apply for a hardship exemption to delay the enforcement of this section by demonstrating that the retail establishment has purchased a supply of single-use plastic check-out bags prior to the passage of this section and that the supply will not be exhausted prior to the effective date of this section. The Capital Projects and Community Services Committee shall make a determination concerning the exemption upon submission to the Director of the Department of Community Services or his designee of proof of purchase showing the date of purchase of plastic check-out bags and the quantity of bags purchased, as well as information concerning the period of time needed to deplete the supply. All applications for an exemption must be submitted within 60 days of the effective date of this section. Any appeal of a determination by the Capital Projects and Community Services Committee shall be brought to the Common Council.
a. 
The Regional Health Department has the responsibility for enforcement of this section for all retail establishments serving or selling food and/or beverages. The Summit Department of Community Services has the responsibility for enforcement of this section for all other retail establishments.
b. 
Any retail establishment that violates or fails to comply with any of the requirements of this section shall be issued an initial written warning notice and shall have 30 days to correct the violation. After an initial written warning notice has been issued, the retail establishment shall be subject to the following penalties:
1. 
A fine not exceeding $100 for the first violation;
2. 
A fine not exceeding $200 for the second violation; or
3. 
A fine not exceeding $500 for the third and any subsequent violations.
c. 
A fine shall be imposed for each day a violation occurs or is allowed to continue.
d. 
Any person affected by any notice which has been issued in connection with the enforcement of any provision of this section, or of any rule or regulation adopted pursuant thereto, may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of this state.
The Department of Community Services and Regional Health Department shall have the authority to promulgate rules as necessary and appropriate for the implementation of this section, subject to their respective jurisdiction and consistent with the intent and purposes of this section.