Chapter 8.54
DISPOSABLE FOOD SERVICE WARE REGULATION
Sections:
8.54.030 Prohibited disposable food service ware.
8.54.040 Required biodegradable, compostable, or recyclable disposable food service ware.
8.54.060 Recordkeeping and inspection.
8.54.010 Purpose and intent.
The use of disposable food service ware containing or utilizing polystyrene foam is detrimental to the environment and the public health and welfare. The manufacture and distribution of such disposable food service ware requires utilization of natural resources; results in the generation of greenhouse gas emissions; contributes to environmental problems, including litter in storm drains, creeks, the bay and the ocean; and imposes unseen costs on consumers, local governments, the state and taxpayers. The regulations and requirements set forth in this chapter are intended to promote and protect the public health, safety, and general welfare, reduce the consumption of natural resources and the generation of greenhouse gas emissions, and protect the environment. (Ord. 505 §2(part), 2014).
8.54.020 Definitions.
For the purposes of this chapter, the following terms shall have the meanings set forth below:
A. "ASTM standard" means meeting the standards of the American Society for Testing and Materials (ASTM) International Standards D6400 or D6868 for biodegradable and compostable plastics, as those standards may be amended from time to time.
B. "Biodegradable" means the ability of organic matter to break down from a complex to a more simple form.
C. "City facility" means any building, property, structure, or vehicle owned, leased, or operated by the city of Greenfield, its agents, agencies, and departments.
D. "Compostable" means all the materials in the produce or package will break down, or otherwise become part of usable compost in a safe and timely manner. Compostable disposable food service ware must meet ASTM standards for compostability and any bio-plastic or plastic-like product must be clearly labeled, preferably with a color symbol, to allow proper identification such that the collector and processor can easily distinguish the ASTM standard compostable plastic from non-ASTM standard compostable plastic.
E. "Disposable food service ware" means single-use disposable products used by a food provider for serving or transporting prepared, ready-to-consume food or beverages including, but not limited to, plates, cups, bowls, trays, utensils, plastic straws, cup lids, and hinged or lidded containers.
F. "Food packaging" means containers, bowls, plates, trays, cartons, and cups in which foods or beverages, whether prepared or unprepared, are placed or packaged or are intended to be placed or packaged. Food packaging does not include polystyrene foam coolers and ice chests used for the storage or transportation of foods or beverages and intended for reuse.
G. "Food provider" means any vendor located or providing food within the city which provides prepared food for public consumption on or off its premises and includes without limitation any store, shop, sales outlet, restaurant, grocery store, supermarket, delicatessen, farmers’ market or similar establishment, catering vehicle, nonmotorized pushcart, or any other vehicle, or any other person who provides prepared food; and any organization, group, individual, or other entity which provides prepared food as a part of its services.
H. "Person" means any individual, sole proprietorship, firm, association, organization, partnership (whether limited or general), corporation, limited liability corporation, political subdivision, government agency, municipality, industry, public or private corporation, trust, joint venture, regulatory authority, event promoter, or any other entity.
I. "Polystyrene foam" means expanded polystyrene that is a thermoplastic petrochemical material utilizing a styrene monomer and processed by any number of techniques including, but not limited to, fusion of polymer spheres ("expanded bead polystyrene"), injection molding, form molding, and extrusion-blow molding ("extruded foam polystyrene"); to include, but not limited to, polystyrene foam plates, bleached paperboard plates with low density polyethylene coating, and bleached paperboard plates with polystyrene coating.
J. "Prepared food" means any food or beverage prepared at the food provider’s premises, using any cooking or food preparation technique. Prepared food does not include any raw uncooked meat, poultry, fish or eggs unless provided for consumption without further food preparation.
K. "Recyclable" means any material that is accepted by the city or its franchise waste hauler for recycling, including, but not limited to, paper, glass, aluminum, cardboard and plastic bottles, jars, and tubs. Recyclable plastics comprise those plastics coded with the recycling symbols Nos. 1 through 5.
L. "Retail food establishment" means any place where food is prepared including, but not limited to, any fixed or mobile restaurant, food service vehicle, drive-in, coffee shop, public food market, produce stand, grocery store, supermarket, or similar place where food or drink is prepared for sale or for service on the premises or elsewhere.
M. "Special event" means any special event, regardless of size, sponsored by any commercial or nonprofit organization, group, or individual, which is held within the Greenfield city limits and at which food and/or beverages are provided for public consumption. This definition shall apply whether such food and/or beverages are prepared within or outside of the Greenfield city limits. (Ord. 505 §2(part), 2014).
8.54.030 Prohibited disposable food service ware.
A. Food providers shall not dispense prepared food in any disposable food service ware that contains or utilizes polystyrene foam or otherwise sell, hand out, give away, distribute, or otherwise make available for public or customer use any disposable food service ware that contains polystyrene foam, unless exempted by this chapter.
B. Disposable food service ware that contains or utilizes polystyrene foam is prohibited from use in all city facilities.
C. Promoters of and participants in special events as defined in this chapter are prohibited from providing prepared food in any disposable food service ware that contains or utilizes polystyrene foam.
D. The prohibition of disposable food service ware containing or utilizing polystyrene foam shall apply to all city contractors in the performance of city contracts and special events sponsored by the city. (Ord. 505 §2(part), 2014).
8.54.040 Required biodegradable, compostable, or recyclable disposable food service ware.
A. All food providers within the city utilizing disposable food service ware shall use only biodegradable, compostable, or recyclable products.
B. All city facilities utilizing disposable food service ware shall use only products that are biodegradable, compostable, or recyclable.
C. All promoters of and participants in special events utilizing disposable food service ware shall use only products that are biodegradable, compostable, or recyclable.
D. City contractors and promoters of or participants in city sponsored special events shall use only products that are biodegradable, compostable, or recyclable while performing under a city contract or permit. (Ord. 505 §2(part), 2014).
8.54.050 Exemptions.
A. Polystyrene foam coolers and ice chests used by food providers for item storage and/or transportation and intended for reuse shall be exempt from the provisions of this chapter.
B. During an emergency requiring immediate action to prevent or to mitigate the loss or impairment of life, health, property, or essential public services, persons providing emergency relief are exempt from the provisions of this chapter until such time as the emergency has ceased.
C. Foods prepared or packaged outside the city of Greenfield and dispensed, sold, handed out, given away, distributed, or otherwise made available for public or customer use inside the city are exempt from the provisions of this chapter except for those foods prepared or packaged in connection with a special event, farmers’ market, or similar event held within the city or foods dispensed, sold, handed out, given away, distributed, or otherwise made available for public or customer use from a mobile restaurant, food service vehicle, catering vehicle, nonmotorized pushcart, or any other vehicle. All purveyors of foods prepared or packaged outside the city that are exempt from the requirements of this chapter are encouraged to follow the provisions of this chapter as it is a policy goal of the city to eliminate the packaging of any food product, whether prepared or unprepared, in any package that contains or utilizes polystyrene foam. As used in this subsection, the term "packaged" refers to and includes both prepared and unprepared foods. (Ord. 505 §2(part), 2014).
8.54.060 Recordkeeping and inspection.
All food vendors shall be available for inspection at no cost to the city during regular business hours by any city employee authorized to enforce this section. (Ord. 505 §2(part), 2014).
8.54.070 Penalties.
A. For the first violation of this chapter, a written warning shall be issued to the provider specifying that a violation of this chapter has occurred. The provider will have thirty (30) days to comply.
B. Upon failure of the provider to comply within the thirty (30) day period set forth in subsection A of this section, the city may, in its discretion:
1. Pursue enforcement of this chapter utilizing any of the remedies set forth in the city’s code enforcement process,
2. Impose a fine in the amount of five hundred dollars ($500.00) for the first violation of this chapter, one thousand dollars ($1,000.00) for the second violation, and two thousand dollars ($2,000.00) for the third and subsequent violations, and
3. Take any such other enforcement action authorized by law. (Ord. 505 §2(part), 2014).
8.54.080 Effective date.
To allow food providers and retail establishments an opportunity to make necessary arrangements for compliance and to use remaining stocks of disposable food service ware that do not meet the requirements of this chapter, food providers and retail establishments shall have six (6) months from the final passage and adoption of the ordinance codified in this chapter to comply with the regulations of this chapter. During this period, it shall be the policy of the city to encourage voluntary adherence to the requirements of this chapter. (Ord. 505 §2(part), 2014).