Chapter 11.99
FOOD PACKAGING

Section:

11.99.010    Definitions.

11.99.020    Prohibited disposable food service ware.

11.99.030    Required biodegradable, compostable, or recyclable disposable food service ware.

11.99.040    Exemptions.

11.99.050    Enforcement.

11.99.060    Penalties.

11.99.010 Definitions.

Unless otherwise expressly stated, whenever used in this chapter the following terms shall have the meanings set forth below:

“Affordable” means that a biodegradable, compostable or recyclable product may cost up to 15 percent more than the purchase cost of the nonbiodegradable, noncompostable or nonrecyclable alternative(s).

“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.

“Biodegradable” means the ability of organic matter to break down from a complex to a more simple form through the action of bacteria or to undergo this process.

“City contractor” means any person or entity that has a contract with the city for work or improvement to be performed, for a franchise, concession, for grant moneys, goods and services, or supplies to be purchased at the expense of the city.

“City facility” means any building, structure or vehicle owned and operated by the city, its agents, and departments.

“Compostable” means all the materials in the product or package will break down, or otherwise become part of usable compost (e.g., soil-conditioning material, mulch), in a safe and timely manner. Compostable disposable food service ware must meet ASTM standards for compostability and any bioplastic 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.

“Disposable food service ware” means single-use disposable products used in the restaurant and food service industry for serving or transporting prepared ready-to-consume food or beverages. This includes but is not limited to plates, cups, bowls, trays and hinged or lidded containers. This does not include single-use disposable items such as straws, cups lids, or utensils, nor does it include single-use disposable packaging for unprepared foods.

“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, super market, delicatessen, catering truck or vehicle, or any other person who provides prepared food; and any organization, group or individual which regularly provides food as a part of its services.

“Person” means an individual, business, event promoter, trust, firm, joint stock company, corporation, nonprofit, including a government corporation, partnership, or association.

“Polystyrene foam” means and includes expanded polystyrene which 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 (expandable bead polystyrene), injection molding, form molding, and extrusion-blow molding (extruded foam polystyrene). The term “polystyrene” also includes clear or solid polystyrene which is known as “oriented polystyrene.”

“Prepared food” means food or beverage prepared for consumption on the food provider’s premises, using any cooking or food preparation technique. This does not include any raw uncooked meat, fish or eggs unless provided for consumption without further food preparation.

“Recyclable” means any material that is accepted by the city recycling program, 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.

“Retail food establishment” shall include, but not limited to, any place where food is prepared to include any fixed or mobile restaurant, drive-in, coffee shop, public food market, produce stand, or similar place which food or drink is prepared for sale or for service on the premises or elsewhere.

“Special events promoter” means an applicant for any special events permit issued by the city or any city employee(s) responsible for any city-organized special event. [Ord. 08-010 § 4, 2008].

11.99.020 Prohibited disposable food service ware.

(a) Food providers within the city may not provide prepared food in any disposable food service ware that contains polystyrene foam.

(b) Disposable food service ware that contains polystyrene foam is prohibited from use in all city facilities.

(c) City contractors in the performance of city contracts and special events promoters may not provide prepared food in disposable food service ware that contains polystyrene foam.

(d) It shall be a policy goal of the city that business establishments located outside the city shall not package any nonfood product in any package which utilizes polystyrene foam, both block polystyrene or packaging peanuts, or purchase, obtain, keep, distribute or sell for home or personal use, or give, or otherwise provide to customers any packaging which utilizes polystyrene foam. The city shall promote and encourage, on a voluntary basis, the elimination of all polystyrene foam packaging. [Ord. 08-010 § 5, 2008].

11.99.030 Required biodegradable, compostable, or recyclable disposable food service ware.

(a) All food providers within the city utilizing disposable food service ware shall use biodegradable, compostable or recyclable products, unless there is no affordable alternative available as determined by the designated official (see term “affordable” defined in PGMC 11.99.010) and an exemption has been granted in accord with PGMC 11.99.040.

(b) Food providers may charge a “take-out fee” to cover the difference in cost.

(c) All city facilities utilizing disposable food service ware shall use products that are biodegradable, compostable or recyclable.

(d) City contractors and special events promoters utilizing disposable food service ware shall use biodegradable, compostable, or recyclable products while performing under a city contract or permit. [Ord. 08-010 § 6, 2008].

11.99.040 Exemptions.

(a) No exemption shall allow for the use of polystyrene foam disposable food service ware.

(b) The city manager, or his or her designee, may exempt a food provider from the requirement set forth in PGMC 11.99.030, Required biodegradable, compostable, or recyclable disposable food service ware, for a period not to exceed 12 months per request upon the food provider showing, in writing, that this chapter creates an undue hardship or practical difficulty not generally applicable to other persons in similar circumstances. The city manager shall confirm the decision to grant or deny each exemption in writing; the city manager’s decision shall be final.

(c) Each exemption request shall set forth all information necessary for the city manager to make a decision, including but not limited to documentation showing factual support for the claimed exemption. The city manager may require additional information.

(d) The city manager may approve an exemption request in whole or in part, with or without conditions.

(e) Foods prepared or packaged outside the city and sold inside the city are exempt from the provisions of this chapter. Purveyors of food prepared or packaged outside the city are encouraged to follow the provisions of this chapter as it is a policy goal of this city to eliminate the use of polystyrene foam for packaging unprepared food.

(f) Polystyrene foam coolers and ice chests that are intended for reuse are exempt from the provisions of this chapter. [Ord. 08-010 § 7, 2008].

11.99.050 Enforcement.

(a) Violations of this chapter may be enforced in accordance with Chapters 1.16 and 1.19 PGMC. The city manager, or his or her designee, shall be responsible for enforcing this chapter and shall have authority to issue citations for violations.

(b) The city officer is authorized to establish regulations or administrative procedures to obtain compliance with this chapter.

(c) Anyone violating or failing to comply with any of the requirements of this chapter shall be guilty of an infraction.

(d) The city attorney may seek legal, injunctive, or any other relief to enforce the provisions of this chapter.

(e) The remedies and penalties provided in this chapter are cumulative and not exclusive of one another.

(f) The city in accordance with applicable law, may inspect any vendor or food provider’s premises to verify compliance.

(g) Food vendors shall state that they are in compliance with this chapter on their annual business license renewal forms. [Ord. 08-010 § 8, 2008].

11.99.060 Penalties.

Violations of this chapter shall be enforced as follows:

(a) For the first violation, city manager shall issue a written warning to the food provider specifying that a violation of this chapter has occurred and which further notified the food provider of the appropriate penalties to be assessed in the event of future violations. The food provider will have 30 days to comply.

(b) The following penalties shall apply for subsequent violations of this chapter:

(1) A citation imposing a fine in the sum of $100.00 for the first violation that occurs more than 30 days after the warning issued pursuant to subsection (a) of this section. In lieu of payment of the fine, the person cited may submit receipts to the city manager that demonstrate the purchase, following the service of the citation, of at least $100.00 worth of biodegradable, compostable, or recyclable products appropriate as an alternative disposable food service ware for the items, which led to the violation. Upon such proof the city manager may dismiss the citation.

(2) A fine in the sum of $200.00 for a violation that occurs after issuance of the citation referenced in subsection (b)(1) of this section, and that is more than 60 days after the warning issued pursuant to subsection (a) of this section.

(3) A fine in the sum of $500.00 for the third and each subsequent violation which occurs after issuance of the citation referenced in subsection (b)(1) of this section, and that is more than 90 days after the warning issued pursuant to subsection (a) of this section.

(c) Food providers who violate this chapter in connection with commercial or noncommercial special events, as that term is defined by PGMC 11.99.010, shall be issued a citation imposing fines as follows:

(1) A fine of $200.00 for each event of one to 200 persons;

(2) A fine of $400.00 for each event of more than 200 but less than 400 persons;

(3) A fine of $600.00 for each event of more than 400 but less than 600 persons;

(4) A fine of $1,000 for each event of more than 600 persons. [Ord. 09-005 § 19, 2009; Ord. 08-010 § 9, 2008].