This chapter shall be known as "Zero Waste Food Ware."
(Ord. 2021-008 § 2)
Unless the context requires otherwise, the terms defined in
this chapter shall have the following meanings and are capitalized
in the chapter text:
means the City of Santa Rosa.
means City-managed concessions, City-sponsored events and
occasions, and City-permitted events.
means a substance that is used to add flavor to food or beverages
such as, but not limited to, salt, ketchup, mayonnaise, ranch, sugar,
creamer, etc.
means offering on-site services intended for food and beverage
consumption on the food provider's premises.
means January 1, 2022.
means all facilities as described in the California Retail
Food Code Section 113789 as the same may be amended from time to time,
including an operation that stores, prepares, packages, serves, vends,
or otherwise provides food for human consumption at the retail level,
including, but not limited to, the following: (1) an operation where
food is consumed on or off the premises, regardless of whether there
is a charge for the food; (2) a place used in conjunction with the
operations described in the California Retail Food Code Section 113879,
as the same may be amended from time to time, including, but not limited
to, storage facilities for food-related utensils, equipment, and materials.
Examples include, but are not limited to, a restaurant, bar, grocery
store, delicatessen, bakery, mobile food facilities, catering operation,
farmers market, microenterprise home kitchen operation, movie theatre,
licensed health care facility, etc.
means all containers, bowls, plates, trays, cups, lids, boxes,
and other like items that are used for Prepared Foods, including without
limitation, Food Ware for Take-Out and or/leftovers from partially
consumed meals prepared by Food Facilities.
means types of items usually provided alongside Prepared
Food including but not limited to forks, spoons, knives, chopsticks,
napkins, cup sleeves, wrappers, beverage trays, condiment containers,
straws, stirrers, splash sticks, cocktail sticks, toothpicks, tray-liners,
and plate-liners.
means that only at the request of a Person shall the product(s)
be provided.
means a group of man-made chemicals that includes PFOA, PFOS,
GenX, and many other chemicals. PFAS have been manufactured and used
in a variety of industries around the globe. These chemicals are very
persistent in the environment and in the human body meaning they don't
break down and accumulate over time. There is evidence that exposure
to PFAS can lead to environmental health effects such as reproductive,
developmental, liver, kidney, and immunological effects.
means natural person, joint venture, joint stock company,
partnership, association, club, company, corporation, business, trust,
organization, or the manager, lessee, agent, servant, officer or employee
of any of them.
means 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
(expanded bead polystyrene), injection molding, foam molding, and
extrusion-blow molding (extruded foam polystyrene). Polystyrene is
generally used to make cups, bowls, plates, trays, clamshell containers,
meat trays, coolers, packaging peanuts, and egg cartons.
means food or beverages, which are served, packaged, cooked,
chopped, sliced, mixed, brewed, frozen, squeezed or otherwise prepared
on the premises of the Food Facility and includes Take-Out Food.
has the meaning set forth in Section 9-10.010(H) of the City
Code.
means Food Ware and/or Food Ware Accessories, including plates,
bowls, cups, trays, glasses, straws, stirrers, condiment cups, utensils,
etc. that are composed of durable materials and specifically designed
and manufactured to be washed and sanitized and to be used repeatedly
over an extended period of time, and are safe for washing and sanitizing
according to applicable regulations.
means food or beverages requiring no further preparation
to be consumed and which generally are purchased to be consumed off
the premises of the Food Facility.
(Ord. 2021-008 § 2)
Except as provided for in this chapter, Food Facilities within
the City shall not sell, procure, distribute, or otherwise give away
Food Ware and/or Food Ware Accessories for Dine-In, Take-Out or in
Retail Establishments or at City-Sponsored Events where such Food
Ware, Food Ware Accessories and/or products are made from or otherwise
contain:
(Ord. 2021-008 § 2)
In addition to complying with Section 9-30.020, Dine-In Food Facilities within the City shall:
(A)
Only
use Reusable Food Ware and Reusable Food Ware Accessories; and
(B)
Provide
Food Ware Accessories upon request only; and
(C)
Offer
Condiments in a Reusable dispenser or format rather than pre-packaged
single-use packets.
(Ord. 2021-008 § 2)
In addition to complying with Section 9-30.020, Food Facilities within the City offering Take-Out:
(A)
Shall
provide Food Ware Accessories upon request only; and
(B)
Shall comply with the requirements of Chapter 9-10 (Waste Reduction Program for Carryout Bags) of the City Code; and
(C)
Shall
provide options for customers to affirmatively request Food Ware Accessories
separate from orders for food and beverages across all ordering/point
of sale platforms, including but not limited to web, smartphone and
other digital platforms, telephone, and in-person. A Food Facility
or a Take-Out Food delivery service may include lids, spill plugs,
and sleeves without request for non-Reusable cups for delivery; and
(D)
Are
encouraged, but not required, to charge customers receiving to-go
Food Ware Accessories 25 cents. Customers must request Food Ware Accessories;
and
(E)
Are
encouraged, but not required, to provide a 25 cent credit to customers
bringing in their own hygienic Reusable Food Ware for Take-Out.
(Ord. 2021-008 § 2)
(A)
The
use of Polystyrene or PFAS by Retail Establishments specifically includes,
without limitation, the following: coolers, ice chests, or similar
containers, unless they are wholly encapsulated or encased within
more durable material so as to be reusable; packaging peanuts or other
packaging materials; or Food Ware and Food Ware Accessories;
(B)
Notwithstanding subsection (A) of this section, products containing Polystyrene, in which Polystyrene is included for insulating or flotation purposes and is completely encased in more durable material at sold, procured, distributed, or otherwise given away at Retail Establishments are exempt from the provisions of this chapter. Examples include surfboards, boats, life preservers, construction materials, craft supplies and durable coolers not principally composed of polystyrene.
(Ord. 2021-008 § 2)
(A)
All
Food Facilities who provide solid waste containers for use by a Person,
must provide three separate containers for garbage, recyclables, and
organics. Color guidelines should be consistent with City's franchised
hauler collection program;
(B)
To
the extent possible given space constraints, all containers for garbage,
recyclables and organics should be placed adjacent to one another;
and
(C)
Graphic-rich
signage must be posted on or above each container following the franchised
waste hauler's sorting guidelines.
(Ord. 2021-008 § 2)
Entities packaging Prepared Food outside the City are exempt
from the provisions of this chapter; provided, however, such Persons
are urged to follow the provisions of this chapter.
(Ord. 2021-008 § 2)
The City Manager or his/her designee may grant waivers from
the requirements of this chapter under emergency and non-emergency
circumstances.
(A)
Emergency Circumstances. Consistent with his or her authority under Chapter 2-24 of the City Code, and for the immediate preservation of the public peace, health, or safety due to an emergency or natural disaster, the City Manager, or designee, may exempt Food Facilities, Retail Establishments and City-Sponsored Events, as well as any City facilities and agents, contractors and vendors doing business with the City, from the provisions of this chapter.
(B)
Non-Emergency
Circumstances. The City Manager or his/her designee may, based upon
documentation provided by the applicant that the requirements of this
chapter would create an undue financial hardship or practical difficulty
not generally available to other Persons in similar circumstances.
(C)
Waivers
for non-emergency circumstances may be granted for a specified term
of up to one year. Waivers during emergency circumstances may be granted
for the duration of the emergency. During the waiver term, the Food
Facility shall make diligent efforts to become compliant.
(D)
The
City Manager or designee shall have full discretion to verify the
waiver application including independent verification and site visits.
The City Manager's decision to grant or deny a waiver will be put
in writing and its determination considered final.
(Ord. 2021-008 § 2)
(A)
The
City Manager, or designee, shall have primary responsibility for enforcement
of this chapter. The City Manager is authorized to make all necessary
and reasonable rules and regulations with respect to the enforcement
of this chapter. All such rules and regulations shall be consistent
with the provisions of this chapter.
(B)
The
City Manager, and/or City Attorney, may determine in their discretion
to send a notice to cure to a retailer prior to invoking the enforcement
provisions of this section if there have not been prior complaints
against the retailer for violation of this chapter.
(C)
Anyone violating or failing to comply with any provision of this chapter shall be guilty of an infraction or misdemeanor as determined by the City Attorney under Chapter 1-28. The City Attorney may seek legal, injunctive, administrative or other equitable relief to enforce this chapter. The remedies and penalties provided in this section are cumulative and not exclusive and nothing in this section shall preclude the City from pursuing any other remedies provided by law. In addition to any relief available to the City, the City shall be entitled to recover reasonable attorneys' fees and costs incurred in the enforcement of this chapter.
(D)
The authorized representative of any Retail Establishment may appeal any citation issued under this chapter in accordance with the provisions of Chapter 1-20.
(E)
Penalties
for violations of any provision of this chapter shall be as follows;
provided, however, that no administrative citation may be issued or
infraction charged for violation of a requirement of this chapter
until one year after the Effective Date of the ordinance codified
herein:
(1)
A fine not exceeding $100.00 for the first violation;
(2)
A fine not exceeding $200.00 for a second violation of the same Code
provision within one year; and
(3)
A fine not exceeding $500.00 for each additional violation in excess
of two, of the same Code provision within one year.
(4)
If continued willful violations occur the City reserves the right
to suspend vendors use permit.
(F)
The
remedies and penalties provided in this section are cumulative and
not exclusive.
(Ord. 2021-008 § 2)
The "Effective Date" of this chapter is January 1, 2022.
(Ord. 2021-008 § 2)
