Polystyrene foam is neither degradable nor compostable and its
disposal poses a significant risk to the environment and life forms
throughout the food chain. Due to its lightweight nature and ability
to break down into smaller fragments, polystyrene foam has significant
negative impacts on the environment, and contributes to the potential
death of marine animals and avian populations through ingestion.
The Council finds that foam food service containers should be
regulated in order to protect the County's unique environment, the
health and welfare of its marine and avian life, and to promote public
health, reduce litter, and support increased diversion of organic
waste by encouraging the use of environmentally preferred alternatives.
Food providers are encouraged to switch from polystyrene food
service containers to compostable food service containers. The Director
shall publish a list of available suitable compostable alternative
containers by June 1, 2020.
(Ord. No. 1079, September
15, 2020)
Whenever used in this Article, unless the context otherwise
requires:
"ASTM Standard"
means the American Society for Testing and Materials (ASTM).
"ASTM Standard D6400"
means the ASTM specification for plastics and products made
from plastics that are designed to be composted in municipal and industrial
aerobic composting facilities.
"ASTM Standard D6868"
means the ASTM specification establishing the requirements
for labelling of materials and products (including packaging), wherein
a biodegradable plastic film or coating is attached to compostable
substrates and the entire product or package is designed to be composted
in municipal and industrial aerobic composting facilities.
"Compostable"
means materials that are able to undergo biological decomposition
or become part of usable compost in a safe and timely manner, either
in an appropriate composting program or facility, or in a home compost
pile or device. For foodservice containers containing plastics to
qualify as compostable, such food service containers must meet ASTM
Standard D6400 for Compostable Plastics or ASTM Standard D6868 for
biodegradable plastic film, as amended.
"Customer"
means a person obtaining prepared food from a food provider.
"Director"
means the County Engineer or duly authorized representative.
"Food provider"
means any entity or person providing prepared food for consumption
within the County, including but not limited to any store, shop, sales
outlet, restaurant, bar pub, coffee shop, cafeteria, caterer, convenience
store, liquor store, grocery store, supermarket, delicatessen, food
truck, catering vehicle or cart, or roadside stand.
"Food service container"
means all plates, trays, cups, bowls, cartons, and hinged
or lidded containers (clamshells) on or in which any foods or beverages
are placed, packaged, or intended to be placed or packaged and designed
for one-time use.
"Polystyrene foam"
means blown polystyrene and expanded and extruded foams that
are thermoplastic petrochemical materials utilizing a styrene monomer
and processed by techniques including fusion of polymer spheres (expandable
bead polystyrene), injection molding, foam molding, and extrusion-blown
molding (extruded foam polystyrene). Polystyrene foam does not include
clear or solid polystyrene (oriented polystyrene).
"Prepared food"
means any food or beverage prepared for consumption using
any cooking, packaging, or food preparation technique, including chopping,
slicing, mixing, brewing, freezing, or squeezing, and or otherwise
prepared for consumption.
(Ord. No. 1079, September
15, 2020)
The Director shall administer this Article and adopt administrative
rules pursuant to Chapter 91, Hawai'i Revised Statutes, by January
1, 2022.
(Ord. No. 1079, September
15, 2020)
Except as provided in Sec.22-27.5:
(a) Food
providers shall not sell, use, provide, or offer the use of polystyrene
foam food service containers.
(b) Polystyrene
foam food service containers shall not be offered for sale or sold
in the County.
(Ord. No. 1079, September
15, 2020)
This Article shall not apply to any of the following:
(a) Foods
packaged outside the County of Kaua'i.
(b) Polystyrene
foam food containers used for raw or butchered meats, poultry, fish,
or eggs unless provided for consumption without further food preparation
(e.g., sashimi and poke).
(c) Packaging
in situations unique to the food provider, where there is no alternative
to polystyrene foam food service containers, provided the food provider
applies for an exemption and such exemption is granted by the Director.
(d) Packaging
in any situation deemed by the County to be an emergency requiring
emergency supplies or services procurement.
(Ord. No. 1079, September
15, 2020)
The Director will have primary responsibility for enforcement
of this Article through the issuance of violation notices and requests
to correct or cease the violation. The Director is authorized to promulgate
rules and to take any other actions reasonably necessary to enforce
this Article. Each day on which any food provider sells or transfers
polystyrene food service containers shall constitute a separate violation
of this Article.
(a) Food
providers shall be subject to an administrative fine for each separate
violation as follows:
(1) A fine of two hundred fifty dollars ($250) for a first violation;
(2) A fine of five hundred dollars ($500) for a second violation; and
(3) A fine not exceeding one thousand dollars ($1,000) for a third and
any subsequent violation.
(b) Food
providers who violate this Article in connection with commercial or
non-commercial special events shall be assessed fines for each special
event as follows:
(1) A fine of fifty dollars ($50) for a first violation;
(2) A fine of one hundred dollars ($100) for a second violation; and
(3) For a third and any subsequent violation:
(A) A fine not to exceed one hundred dollars ($100) for an event of one
to 200 persons;
(B) A fine not to exceed two hundred dollars ($200) for an event of 201
to 400 persons;
(C) A fine not to exceed four hundred dollars ($400) for an event of
401 to 600 persons; and
(D) A fine not to exceed six hundred dollars ($600) for an event of more
than 600 persons.
(c) The
Director must afford the Food Provider the opportunity for a hearing
under Hawai'i Revised Statutes Chapter 91.
(d) Fines
collected pursuant to this Article shall be deposited into the solid
waste management fund.
(Ord. No. 1079, September
15, 2020)
Any provision of this Article shall be void upon the adoption
of any state or federal law or regulation imposing the same, or essentially
the same, limits on the use of prohibited products as set forth in
this Article. This Article is intended to be a proper exercise of
the County's police power, to operate only upon persons acting within
its boundaries, and not to regulate inter-county or inter-state commerce.
It shall be construed with that intent.
(Ord. No. 1079, September
15, 2020)
The Director shall provide a written report to the County Council
by August 15 of each year evaluating the program Restricting the Use
and Sale of Polystyrene Foam Food Service Containers and submit any
recommended changes to improve the program.
(Ord. No. 1079, September
15, 2020)