As used in the chapter the following terms have the following
meanings:
FOOD ESTABLISHMENT
A.
A retail, wholesale or other establishment that processes, prepares,
sells or provides food or beverages. "Food establishment" includes,
but is not limited to:
(1)
Convenience stores, restaurants, grocery stores, markets, delicatessens
and retailers of merchandise and dry goods that sell or provide food
or beverages to consumers;
(2)
Food pantries, churches, community organizations, meals on wheels
programs, catered events, seasonal or temporary businesses such as
agricultural fairs and farmers' markets and events that provide food
or beverages without charge; and
[Amended 4-14-2020 by Ord. No. 20-096]
(3)
Any place that manufactures, processes, prepares, bottles, packages,
handles or stores food or beverages for retail or wholesale sale.
(4)
Hospitals, public and private schools, correctional facilities,
boarding homes, retirement homes, independent living facilities, and
workplace eating establishments.
[Added 4-14-2020 by Ord. No. 20-096]
(5)
Marijuana stores.
[Added 4-14-2020 by Ord. No. 20-096]
FOOD SERVICE CONTAINER
A container, bowl, plate, tray, carton, cup, lid, sleeve,
stirrer or other item designed to be used to contain, transport, serve
or consume prepared foods and beverages.
POLYSTYRENE FOAM
Blown polystyrene and expanded or extruded foams using a
styrene monomer.
Notwithstanding § 266-3, a food establishment may:
A. In an emergency for the immediate preservation of public health or
safety, as determined by the City Manager until January 1, 2023, process,
prepare, sell or provide food or beverages in or on a disposable food
service container that is composed in whole or in part of polystyrene
foam. As of January 1, 2023, the determination shall be made by the
applicable department of the State of Maine;
[Amended 12-20-2021 by Ord. No. 22-046]
B. Sell or provide food or beverages in or on a disposable food service
container that is composed in whole or in part of polystyrene foam
that a consumer brings to the food establishment; and
C. Sell at retail food or beverages in or on a disposable food service
container that is composed in whole or in part of polystyrene foam
that the food establishment purchases prepackaged at wholesale.
If any part or provision of this chapter or the application
thereof to any person or circumstances is held invalid, the remainder
of the chapter, including the application of such part or provision
to other persons or circumstances, shall not be affected thereby and
shall continue in full force and effect. To this end, provisions of
this chapter are severable.