Chapter 8.57
RESTRICTING THE USE AND SALE OF NONCOMPOSTABLE FOOD SERVICE PRODUCTS Revised 4/21

Sections:

8.57.010    Definitions.

8.57.020    Purpose.

8.57.030    Noncompostable food service product prohibition. Revised 4/21

8.57.040    Waivers.

8.57.050    Violation and penalties.

8.57.010 Definitions.

Whenever used in this chapter, unless the context otherwise requires:

(1) “Compostable” means products, including fiber-based products and other products, that are capable of being completely broken down into stable products in a controlled, aerobic commercial process that results in a material safe and desirable as a soil amendment meeting the compost quality standards found under WAC 173-350-220 as presently constituted or hereinafter amended for metals, physical 1 parameters, pathogens, manufactured inert material, and other testing parameters set by the King County health department, have been found to degrade satisfactorily at the composting facility receiving the material, meet standard specification ASTM D6400 or ASTM D6868 as presently constituted or hereafter amended, and have been certified as compostable by the Biodegradable Products Institute or similar national or international certification authority.

(2) “Food service businesses” means businesses selling or providing food or beverage for consumption on or off the premises, including but not limited to full-service restaurants, fast food restaurants, cafes, delicatessens, coffee shops, grocery stores, vending trucks, booths, carts, home delivery services, and business or institutional cafeterias.

(3) “Food service product” means a product designed for single use on or in which any raw, prepared or cooked foods or beverages are placed or packaged or intended to be placed or packaged and are designed for a single use, including but not limited to containers, plates, bowls, cups, trays, cartons, lids, meat trays, deli rounds, knives, forks, spoons, splash sticks, stirrers, utensils, portion cups, cocktail picks, chopsticks, clamshells and other hinged or lidded containers.

(4) “Noncompostable” means not meeting the definition of “compostable.”

(5) “Prepackaged foods” 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 food service business.

(6) “Prepared food” means any food or beverage prepared for consumption using any cooking, packaging, or food preparation technique, including but not limited to chopping, slicing, mixing, brewing, freezing, or squeezing. [Ord. 709 § 1, 2020]

8.57.020 Purpose.

The purpose of this chapter is to promote public health, reduce litter, and limit harmful materials entering the environment by the regulation and limiting of the use of noncompostable food service products; and to encourage the use of environmentally preferred alternatives. [Ord. 709 § 1, 2020]

8.57.030 Noncompostable food service product prohibition. Revised 4/21

Effective July 1, 2022, food service businesses in the city of Burien shall be prohibited from selling or providing raw or prepared food in noncompostable food service products.

(1) Exemptions to the application of this chapter shall be as follows:

(a) Prepackaged foods.

(b) Catering trays.

(c) Produce bags.

(d) Clear food wrap and shrink wrap.

(e) Containers for uniquely shaped foods such as deviled eggs and cupcakes.

(f) Flexible plastic packaging used to preserve moisture and freshness such as for cookies.

(g) Hot meat item containers such as those for ribs and rotisserie chicken.

(h) Straws.

(i) Items receiving a one-year waiver as set forth under BMC 8.57.040. [Ord. 765 § 2, 2021; Ord. 709 § 1, 2020]

8.57.040 Waivers.

(1) The city manager, or his or her designee, may grant renewable one-year waivers for a specific food service product to a food service business upon sufficient proof by the applicant that the provisions of this chapter would create an undue hardship. This request must be submitted in writing to the city manager annually.

(2) The city manager, or his or her designee, shall develop and promulgate waiver guidelines and submission requirements and procedures by the effective date. [Ord. 709 § 1, 2020]

8.57.050 Violation and penalties.

Issuance and disposition of infractions issued for violations of this chapter shall be in accordance with BMC 1.15.090. [Ord. 709 § 1, 2020]