Chapter 5.50


5.50.010    Purpose.

5.50.020    Definitions.

5.50.030    Supervision by city manager.

5.50.040    Polystyrene food service product regulation.

5.50.050    Exemptions.

5.50.060    Enforcement and penalties.

5.50.010 Purpose.

The purpose of this chapter is to prohibit the use of polystyrene food service products. (Ord. 19-02 § 1 (Exh. A), 2019)

5.50.020 Definitions.

As used in this chapter, except where the context otherwise indicates, the following definitions apply:

A. “Polystyrene” means blown polystyrene and expanded and extruded foams which are thermoplastic petrochemical materials 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, foam molding, and extrusion-blow molding (extruded foam polystyrene). Polystyrene does not include clear or solid polystyrene (oriented polystyrene).

B. “Polystyrene food service product” means food containers, plates, “clamshells,” hot and cold beverage cups, meat and vegetable trays, egg cartons, and other products made of polystyrene and used for selling or providing food by a food service business for consumption on or off the premises.

C. “Food processing business” means any business or commercial operation that manufactures, packages, produces, labels, or stores food items that are designed for human consumption and do not provide food directly to a customer.

D. “Food service business” means full-service restaurants, fast food restaurants, cafes, delicatessens, coffee shops, grocery stores, vending trucks or carts, business or institutional cafeterias, or other businesses, entities, or nonprofits selling or providing food directly to customers within the city of Silverton for consumption on or off the premises. Food service business does not include food processing businesses.

E. “Undue hardship” means there is significant difficulty or expense incurred by a food service business which directly impacts the conduct of business. This could include but is not limited to a situation where overstocked supplies cannot be returned or used at another location outside the city.

F. “Unique packaging hardship” means no allowed alternative to a polystyrene food service product is available for reasons which are unique to that food service business. For example, if a food service business utilizes specific branding, and such business can demonstrate that no allowed branded polystyrene food service product alternative is available, a unique packaging hardship exists. (Ord. 19-02 § 1 (Exh. A), 2019)

5.50.030 Supervision by city manager.

The regulation of polystyrene food service products in the city of Silverton under the provisions herein shall be under the supervision of the city manager. (Ord. 19-02 § 1 (Exh. A), 2019)

5.50.040 Polystyrene food service product regulation.

Food service businesses shall be prohibited from selling or providing food, for consumption on or off the premises, in polystyrene food service products, except as otherwise provided under SMC 5.50.050. (Ord. 19-02 § 1 (Exh. A), 2019)

5.50.050 Exemptions.

A. Prepackaged soups and other foods that a food service business sells or provides to their customers in polystyrene food service products that have been filled and sealed prior to receipt by the food service business shall be exempt from the prohibition.

B. The prohibition on a food service business selling or providing raw meat or raw seafood, for consumption on or off the premises, in polystyrene food service products shall take effect on January 1, 2020.

C. A food service business may submit a written request to the city manager or his/her designee for an annual unique packaging or undue hardship exemption. (Ord. 19-02 § 1 (Exh. A), 2019)

5.50.060 Enforcement and penalties.

A. The city manager, upon determination that a violation of this chapter has occurred, shall issue a written notice to the food service business by certified mail stating the specific violation and appropriate penalty.

B. A violation of this chapter is punishable in accordance with the general penalty provisions of SMC 1.08.010.

C. Except as set forth in SMC 5.50.050, enforcement of this chapter shall begin July 1, 2019, for all food service businesses.

D. If any provision, paragraph, word, section, or article of this chapter is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, sections and chapters shall not be affected and shall continue in full force and effect. (Ord. 19-02 § 1 (Exh. A), 2019)