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CHAPTER 122: UNIFORM PACKAGING PRACTICES
Section
   122.01   Definitions
   122.02   Packaging requirements; utensils and containers to be of polystyrene
   122.03   Health Director to promulgate regulations
   122.04   Exemptions
   122.05   Abatement of violations
   122.06   Preemption by state law
   122.07   Effective date
 
   122.99   Penalty
§ 122.01 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   "BIODEGRADABLE PACKAGING." Packaging made of cellulose-based or other substances that are capable of being readily attacked, 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.
   "PACKAGING." All food-related wrappings, adhesives, cords, bindings, strings, bags, boxes, containers and disposable or non-reusable plates, cups, or drinking utensils intended for use within Hamden.
   "RETAIL FOOD ESTABLISHMENT." 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, café, cafeteria, industrial establishment, public or private school, private club, coffee shop, tea room, short order café, 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, confectioneries, meats, fish, vegetables or fruits, all sales outlets, stores, shops or other places of business located within the town, 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 café; 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.
(Ord. 297, adopted 8-7-89)
§ 122.02 PACKAGING REQUIREMENTS; UTENSILS AND CONTAINERS TO BE OF POLYSTYRENE.
   (A)   No retail food establishment located and doing business within the town shall sell or convey food directly to ultimate consumers within the town unless such food is placed, wrapped, or packed 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 town shall sell, give, or provide eating utensils or food containers to any consumers within the town if such eating utensil or food container is composed of polystyrene.
(Ord. 297, adopted 8-7-89) Penalty, see § 122.99
§ 122.03 HEALTH DIRECTOR TO PROMULGATE REGULATIONS.
   The Town Health Director 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 law.
(Ord. 297, adopted 8-7-89)
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