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)
(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
Section 122.02 shall not apply to the following items:
(A) Any flexible transparent covering for uncooked or raw meat, poultry, raw fish, hard cheese, cold cuts, fruit and vegetable produce, baked goods, or bread;
(B) Any food packaging used at hospitals or nursing homes;
(C) Any paper or other cellulose based packaging that is coated with polyethylene plastic on only one side;
(D) Any plastic covers, covering material, food containers, lids, eating utensils, or straws that are not made of polystyrene or polyvinyl chloride.
(E) Any cup lid which is not environmentally acceptable, but for which there is not a commercially available alternative determined by the town health director or any entity serving as such may be exempted by rule created under § 122.05(B) provided that the town health director or any entity serving as such or its designee shall report in writing on or before April 30, 1990 and quarterly thereafter to the legislative council on the status of any item exempted under this provision. Upon determination that the item is commercially available, notification will be published and the effective date of the prohibition shall be 90 days from the publication date.
(F) In determining whether there are commercially available alternatives, the town health director or any entity serving as such shall consider the following:
(1) The availability of environmentally acceptable packaging for affected projects;
(2) The economic consequences to manufacturers, suppliers, retailers, and other vendors of requiring environmentally acceptable packaging when available; and
(3) The competitive effects on manufacturers, suppliers, retailers and other vendors involved in the sale of product brands or labels available only in packaging that is not environmentally acceptable packaging.
(Ord. 297, adopted 8-7-89; Am. Ord. 307, passed 2-26-90)
(A) The Town Health Director or any entity serving as such or his authorized agent or a sanitarian employed by such Health Director or any authorized agent of such entity or any sanitarian employed by such entity may enter any retail food establishment in the town where there is just cause to suspect the use of any packaging prohibited by this chapter and abate or cause to be abated such use.
(B) For the purposes of abating the use of such prohibited packaging the Town Health Director or any entity serving as such, shall have the same power and authority granted pursuant to Connecticut General Statutes Section 19a-206(b) and (c).
(Ord. 297, adopted 8-7-89)
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