[Adopted 3-17-2020 by Ord. No. 2990-20]
As used in this section, the following terms shall have the
meanings indicated:
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, serviceware for
take-out food or drinks and/or leftovers from partially consumed meals
prepared by food providers.
Blown polystyrene and expanded and extruded foams that are
thermoplastic petrochemical materials utilizing a styrene monomer
and processed by any number of techniques, including fusion of polymer
spheres (expandable bead foam), injection molding, molding, foam molding,
and extrusion-blown molding (extruded foam polystyrene) sometimes
called "Styrofoam", a Dow Chemical Co. trademark, for polystyrene
foam. Such term shall not include rigid polystyrene.
Any person located within the Township 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.
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 void-filling packaging product made of expanded polystyrene
that is used as a packaging fill.
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 Township of Maplewood.
For the purposes of this section, "prepared food" includes food which
may be eaten on or off the premises, including take-out 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 Township of Maplewood.
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 serviceware that contains polystyrene
foam.
B.
No person may sell, offer for sale, or otherwise distribute within
the Township of Maplewood any disposable food serviceware that contains
polystyrene foam.
C.
All Township facilities, Township-managed concessions, Township-sponsored
events, and Township-permitted events are prohibited from using polystyrene
foam disposable food serviceware. 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.
Township departments are prohibited from purchasing polystyrene foam
disposable serviceware.
The restrictions set forth herein shall not apply to:
A.
Raw or prepared foods prepared or packaged outside the Township of
Maplewood. Providers of food prepared or packaged outside of the Township
of Maplewood 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
serviceware prior to the passage of this section and that the supply
will not be exhausted prior to the effective date of this section.
The Director of Community Development shall make a determination concerning
the exemption upon submission to the Director of Community Development
or his/her designee of proof of purchase showing the date of purchase
of polystyrene foam disposable food servicewares and the quantity
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 shall be brought to the Township Committee.
A.
The Division of Health and the Division of Code Enforcement have
the responsibility for enforcement of this section for all food providers.
B.
Any food provider or person subject to this section who 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:
