[Ord. #08-02, § 1]
ASTM STANDARD
Shall mean meeting the standards of the American Society
for Testing and Materials (ASTM) International standards D6400 or
D6868 for biodegradable and compostable plastics.
BIODEGRADABLE
Shall mean the entire product or package will completely
break down and return to nature, i.e., decompose into elements found
in nature within a reasonably short period of time after customary
disposal.
CITY FACILITIES
Shall mean any building, structure or vehicles owned or operated
by the City of Albany, its agent, agencies, departments and franchisees.
COMPOSTABLE
Shall mean all materials in the product or package will break
down into, or otherwise become part of, usable compost (e.g., soil-conditioning
material, mulch) in a safe and timely manner in an appropriate composting
program or facility, or in a home compost pile or device. Compostable
disposable food service ware includes ASTM-Standard Bio-Plastics (plastic-like
products) that are clearly labeled, preferably with a color symbol,
such that any compost collector and processor can easily distinguish
the ASTM Standard Compostable plastic from non-ASTM Standard Compostable
plastic.
CUSTOMER
Shall mean any person obtaining prepared food from a restaurant
or retail food vendor.
DISPOSABLE FOOD SERVICE WARE
Shall mean all containers, bowls, plates, trays, cartons,
cups, lids, straws, forks, spoons, knives and other items that are
designed for one-time use and on, or in, which any restaurant or retail
food vendor directly places or packages prepared foods or which are
used to consume foods. This includes, but is not limited to, service
ware for takeout foods and/or leftovers from partially consumed meals
prepared at restaurants or retail food vendors.
FOOD VENDOR
Shall mean any restaurant or retail food vendor located or
operating within the City of Albany.
POLYSTYRENE FOAM
Shall mean and includes blown polystyrene and expanded and
extruded foams (sometimes called Styrofoam, a Dow Chemical Co. trademarked
form of polystyrene foam insulation) 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 foam
is generally used to make cups, bowls, plates, trays, clamshell containers,
meat trays and egg cartons.
PREPARED FOOD
Shall mean food or beverages, which are served, packaged,
cooked, chopped, sliced, mixed, brewed, frozen, squeezed or otherwise
prepared on the food vendor's premises or within the City of Albany.
For the purposes of this section, prepared food does not include raw,
butchered meats, fish and/or poultry sold from a butcher case or similar
retail appliance. Prepared food may be eaten either on or off the
premises, also known as "takeout food."
RESTAURANT
Shall mean any establishment located within the City of Albany
that sells prepared food for consumption on, near, or off its premises
by customers. Restaurant for purpose of this chapter includes itinerant
restaurants, pushcarts and vehicular food vendors.
RETAIL FOOD VENDOR
Shall mean any store, shop, sales outlet, or other establishment,
including a grocery store or a delicatessen, other than a restaurant,
located within the City of Albany that sells prepared food.