[Ord. #08-02, § 1]
Shall mean meeting the standards of the American Society
for Testing and Materials (ASTM) International standards D6400 or
D6868 for biodegradable and compostable plastics.
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.
Shall mean any building, structure or vehicles owned or operated
by the City of Albany, its agent, agencies, departments and franchisees.
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.
Shall mean any person obtaining prepared food from a restaurant
or retail food vendor.
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.
Shall mean any restaurant or retail food vendor located or
operating within the City of Albany.
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.
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."
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.
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.
[Ord. No. 08-02, § 1]
a.
Except as provided in subsection 8-20.4, food vendors are prohibited from providing prepared food to customers in disposable food service ware that uses polystyrene foam.
b.
All City facilities are prohibited from using polystyrene foam disposable
food service ware and all City departments and agencies will not purchase
or acquire polystyrene foam disposable food service ware for use at
City facilities.
c.
City franchises, contractors and vendors doing business with the
City shall be prohibited from using polystyrene foam disposable food
service ware in City facilities or on city projects within the City
of Albany.
[Ord. #08-02, § 1]
a.
All food vendors using any disposable food service ware will use
biodegradable or compostable disposable food service ware unless it
can be shown that a biodegradable/compostable or recyclable product
is not available for a specific application. Food vendors are strongly
encouraged to reuse food service ware in place of using disposable
food service ware. In instances that food vendors wish to use a biodegradable
or compostable disposable food service ware product that is not affordable,
a food vendor may charge a "take out fee" to customers to cover the
cost difference.
b.
All City facilities will use biodegradable or compostable disposable
food service ware.
c.
City franchises, contractors and vendors doing business with the
City will use biodegradable or compostable disposable food service
ware.
[Ord. #08-02, § 1]
a.
Prepared foods prepared or packaged outside the City of Albany are
exempt from the provisions of this section. Purveyors of food prepared
or packaged outside the City of Albany are encouraged to follow the
provisions of this section.
b.
Food vendors will be exempted from the provisions of this section
for specific items or types of disposable food service ware if the
City Administrator or his/her designee finds that a suitable biodegradable
or compostable alternative does not exist and/or that imposing the
requirements of this section on that item or type of disposable food
service ware would cause undue hardship.
c.
Polystyrene foam coolers and ice chests that are intended for reuse
are exempt from the provisions of this section.
d.
Disposable Food Service Ware composed entirely of aluminum is exempt
from the provisions of this section.
e.
Emergency Supply and Services Procurement. In a situation deemed
by the City Administrator to be an emergency for the immediate preservation
of the public peace, health or safety, City Facilities, Food Vendors,
City franchises, contractors and vendors doing business with the City
shall be exempt from the provisions of this section.
[Ord. #08-02, § 1]
a.
The City Administrator or his/her designee will have primary responsibility
for enforcement of this section, The City Administrator or his/her
designee is authorized to promulgate regulations and to take any and
all other actions reasonable and necessary to enforce this section,
including, but not limited to, entering the premises of any food vendor
to verify compliance.
b.
Anyone violating or failing to comply with any of the requirements
of this section will be guilty of an infraction pursuant to Section
1-9 of the Albany Municipal Code,
c.
The City Attorney may seek legal, injunctive, or other equitable
relief to enforce this section.
[Ord. #08-02, § 1]
a.
If the City Administrator or his/her designee determines that a violation
of this section occurred, he/she will issue a written warning notice
to the food vendor that a violation has occurred.
b.
If the food vendor has subsequent violations of this section, the
following penalties will apply:
1.
A fine not exceeding one hundred ($100.00) dollars for the first
violation after the warning notice is given.
2.
A fine not exceeding two hundred ($200.00) dollars for the second
violation after the warning notice is given.
3.
A fine not exceeding five hundred ($500.00) dollars for the third
and any future violations after the warning notice is given.
c.
Food vendors may request an administrative hearing to adjudicate
any penalties issued under this section by filing a written request
with the City Administrator, or his or her designee. The City Administrator,
or his or her designee, will promulgate standards and procedures for
requesting and conducting an administrative hearing under this section.
Any determination from the administrative hearing on penalties issued
under this section will be final and conclusive.
