Chapter 8.24
SINGLE-USE FOODWARE AND WASTE REDUCTION (Effective until 1/1/23)

Sections:

8.24.005    Definitions.

8.24.010    Restrictions on food and beverage containers.

8.24.015    Exemptions.

8.24.020    Reserved.

8.24.025    Single-use food service products upon customer’s affirmation.

8.24.030    Reserved.

8.24.035    Reserved.

8.24.040    Rules and regulations.

8.24.050    Penalties.

8.24.060    Education.

*Code reviser’s note: BIMC 8.24.025, per subsection (D), is not effective until January 1, 2022.

8.24.005 Definitions.

A. “Biodegradable materials” means those materials 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 within a reasonable period of time.

B. “Food service product” means a product intended for one-time use and used for food or drink offered for sale or use. Food service products include, but are not limited to, containers, plates, bowls, cups, lids, beverage containers, meat trays, deli rounds, utensils, sachets, straws, condiment packaging, clamshells and other hinged or lidded containers, wrap, and portion cups.

C. “Nonbiodegradable materials” means those made in whole or in part of polystyrene plastic.

D. “Packaging” means all food-related wrappings, boxes, containers, and disposable or nonreusable plates, cups, or drinking utensils.

E. “Prepackaged food” means food service products that have been filled with food and sealed by a separate food service business or food manufacturer prior to receipt by the point-of-sale retail establishment. “Prepackaged food” includes a utensil, straw, or other item physically attached for purposes of retail sale to a food service product prior to receipt by the point-of-sale retail establishment.

F. “Retail establishment” means any person, corporation, partnership, business, facility, vendor, organization, or individual that sells or provides merchandise, goods, or materials directly to a customer, including to a “retail food establishment.” Retail establishment includes, but is not limited to, retail food establishments, grocery stores, department stores, hardware stores, home or business delivery services, pharmacies, liquor stores, restaurants, catering trucks, convenience stores, or other retail stores or vendors, including temporary stores or vendors at farmers markets, street fairs, and festivals.

For the purposes of this definition, “retail food establishment” means all sales outlets, stores, shops, or other places of business located within the city, which sell or convey foods directly to the ultimate consumer. 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 cafe; delicatessen; luncheonette; grill; sandwich shop; soda fountain; tavern; bar; cocktail lounge; nightclub; roadside stand; take out prepared food establishment; 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.

G. “Reusable” means designed and manufactured to maintain its shape and structure, and to be materially durable for repeated (at least 1,000 times each) sanitizing in water at 171 degrees Fahrenheit for at least 30 continuous seconds, washing via commercial dishwashing machine, and reuse.

H. “Single-use” means a product that is designed to be used once and discarded, and/or is not reusable as defined herein.

I. “Utensil” means a product designed to be used by a consumer to facilitate the consumption of food or beverages, including knives, forks, spoons, cocktail picks, chopsticks, splash sticks, and stirrers. “Utensil” does not include plates, bowls, cups, bottles, and other products used to contain food or beverages. (Ord. 2021-18 § 2, 2021)

8.24.010 Restrictions on food and beverage containers.

A. No retail food establishment licensed to do business or required to be licensed within the city shall sell or convey food directly to ultimate consumers within the city unless such food is placed, wrapped, or packed in biodegradable packaging at the conclusion of a sales transaction for the purchase of such food.

B. No retail food establishment licensed to do business or required to be licensed within the city shall sell, give, or provide food containers to any persons within the city if such food container is composed of nonbiodegradable materials. (Ord. 2021-18 § 3, 2021)

8.24.015 Exemptions.

A. BIMC 8.24.010 shall not apply to the following items:

1. Any flexible transparent covering;

2. Any food packaging used at hospitals or nursing homes;

3. Any paper or other cellulose-based packaging that is coated with polyethylene plastic on only one side, or wax coated;

4. Any plastic covers, covering material, food containers, or lids that are biodegradable;

5. Any glass container or glass packaging which is recyclable;

6. Any plastic bags dispensed at the request of a customer at the check-out counter of a grocery store for the purpose of carrying groceries; provided, that paper bags are customarily dispensed for that purpose;

7. Plastic eating utensils, such as forks, knives or spoons, straws, or beverage container covers; and

8. Any foods sold by a retail food establishment packaged by a wholesale distributor, manufacturer, processor, bakery, or similar wholesaler whose premises is located outside the city; provided, that not more than 10 percent of the total volume of food sold at the retail food establishment is packaged in nonbiodegradable packaging.

B. Reserved. (Ord. 2021-18 § 4, 2021; Ord. 89-03 § 1, 1989)

8.24.020 Reserved.

(Ord. 2021-18 § 5, 2021; Ord. 89-03 § 2, 1989)

8.24.025 Single-use food service products upon customer’s affirmation.

A. A retail food establishment may provide the following single-use food service products only upon customer’s affirmation for the below item or items:

1. Utensils;

2. Straws;

3. Condiment in packaging;

4. Beverage cups; and/or

5. Beverage cup lids.

B. A retail food establishment may provide beverage cup lids without customer’s affirmation for:

1. Hot beverages; or

2. Beverages provided through delivery service, drive-through, or curbside pickup.

C. The products listed in subsection A of this section may not be available to customers in cylinders, bins, dispensers, containers, or other means on a self-service basis for any reason.

D. This section shall take effect as of January 1, 2022. (Ord. 2021-18 § 6, 2021)

8.24.030 Reserved.

(Ord. 2021-18 § 7, 2021; Ord. 89-03 § 3, 1989)

8.24.035 Reserved.

(Ord. 2021-18 § 8, 2021)

8.24.040 Rules and regulations.

The city manager charged with the enforcement of this chapter shall be authorized from time to time to adopt reasonable rules and regulations for its implementation, which shall be consistent with these provisions. (Ord. 2009-21 § 30, 2009: Ord. 89-03 § 4, 1989)

8.24.050 Penalties.

A. Prior to imposing penalties or taking other enforcement action as set forth in subsection B of this section, the city shall attempt to provide written notice to any establishment in violation of this chapter. The notice shall include a description of the item sold or provided by the retail establishment in violation of the requirements of this chapter, the text of the specific code provision(s) that apply, and information on how to comply with the provision(s). The notice shall be provided to the retail establishment by personal service or certified mail, return receipt requested. Such notice is not a formal enforcement action, is not subject to appeal, and is a public record.

B. Any person violating any of the provisions of this chapter shall be deemed to have committed a civil infraction and, upon such a finding, shall be punishable by a fine not to exceed $250.00 per day for the first 20 days that the violation exists and $500.00 per day for each day thereafter. Each such violation committed or permitted to continue by the violator shall constitute a separate offense and shall be punishable as such under this section. Each day that an establishment violates any of the provisions of this chapter shall constitute a single, separate violation. (Ord. 2021-18 § 9, 2021; Ord. 89-03 § 6, 1989)

8.24.060 Education.

As necessary, the city manager, or their designee, and pursuant to BIMC 8.24.040, shall provide, or contract for the provision of, education and outreach activities to inform retail establishments, consumers, and other interested individuals about the requirements of this chapter. Education and outreach will be designed to effectively convey the policies underlying this chapter, describe the actions necessary to gain compliance with its provisions, and minimize the need for formal enforcement action. The city will emphasize education and outreach rather than enforcement to achieve compliance with the requirements of this chapter. (Ord. 2021-18 § 10, 2021)