For the provisions of this Chapter, the following definitions
shall apply:
mean any Non-reusable Food Service Ware composed entirely
of aluminum, including but not limited to aluminum tray liners, aluminum
foil, and aluminum foil baskets.
refers to a certification program that ensures that products
and packaging displaying the BPI logo have been independently tested
and verified accordingly to scientifically based standards to successfully
break down in professionally managed industrial composting facilities.
BPI-certified products meet the standards of the American Society
for Testing Materials (ASTM) D6400 or D6868 for compostability, or
other applicable standards in the future. All BPI-certified products
are also required to have: (1) a limit of 100 parts per million (ppm)
total Fluorinated Chemicals as the upper threshold for acceptance;
and (2) no intentionally added Fluorinated Chemicals.
means the City of Palm Springs, California.
includes any event, activity or meeting organized or sponsored,
in whole or in part by the City or any department of the City.
means an item or material: (1) will break down, or otherwise
become part of a usable compost in a safe and timely manner; and (2)
is Natural Fiber-based or made from other materials approved by the
City Manager or designee. Compostable items may include those that
are made entirely of Natural Fiber or Natural Fiber-based items that
are coated or lined with biologically based polymer, such as corn
or other plant sources (e.g., compostable plastics), if certified
by the Biological Products Institute (BPI) or by another independent
third party approved by the City Manager or designee.
means perfluoroalkyl and polyfluoroalkyl substances or fluorinated
chemicals, which for the purposes of food packaging are a class of
fluorinated organic chemicals containing at least one fully fluorinated
carbon atom.
means all containers, bowls, plates, trays, cups, lids, and
other like items that are used for consuming prepared foods, including
without limitation, service ware for takeout foods and/or leftovers
from partially consumed meals prepared by prepared food vendors.
means all types of single-use items usually provided along
with Food Service Ware, including but not limited to utensils, chopsticks,
napkins, cup lids, cup sleeves, beverage trays, condiment packets
and saucers, straws, stirrers, splash sticks, cocktail sticks, and
toothpicks designed for a single use for Prepared Foods.
means a plant or animal-based, non-synthetic fiber, including
but not limited to products made of paper, sugarcane, bamboo, wheat
stems/stalks, hay, wood, etc.
means products that do not meet the definition of "Reusable"
as defined in this section.
is a beverage cup that does not meet the definition of "Reusable"
that is used to serve beverages, such as water, cold drinks, hot drinks,
alcoholic beverages, and other drinks.
means material used to hold, cushion, or protect items packed
in a container for shipping, transport, or storage.
means any individual, trust, firm, joint stock company, corporation
including a government corporation, partnership, or association.
means a material made from fossil fuel-based polymers such
as polyethylene, polystyrene, polypropylene, and polycarbonate or
from biologically based polymers such as corn or other plant material
that can be molded or blown into shape while soft and then set into
a rigid or slightly elastic form.
means a thermoplastic petrochemical material utilizing the
styrene monomer, including but not limited to rigid polystyrene and
expanded polystyrene, processed by any number of techniques, including
but not limited to fusion of polymer spheres (expandable bead polystyrene),
injection molding, expanded polystyrene molding, or extrusion-blow
molding (extruded polystyrene), and clear or solid polystyrene (oriented
polystyrene). The resin code for polystyrene is '6' or 'PS,' either
alone or in combination with other letters. This definition applies
to all polystyrene food service ware, regardless of whether it exhibits
a resin code.
means and includes blown polystyrene and expanded and extruded
foams (sometimes called Styrofoam, a Dow Chemical Co. trademarked
form of expanded polystyrene 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 commonly made into disposable food service ware products. Polystyrene
foam does not include clear or solid polystyrene (oriented polystyrene).
means food or beverages, which are serviced, packaged, cooked,
chopped, sliced, mixed, brewed, frozen, squeezed, poured, or otherwise
prepared (collectively "prepared") for individual customers or consumers.
Prepared Food does not include raw eggs; raw, butchered meats, fish,
and/or poultry sold from a butcher case, a refrigerator case, or similar
retail appliance; or food that is prepared and packaged on site such
as breads, baked goods, and deli items that are not intended for immediate
consumption.
means any person or place that provides or sells Prepared
Food within the City to the general public to be consumed on the premises
or for take-away consumption. Prepared Food Vendor includes but is
not limited to: a grocery store, supermarket, restaurant, bar, fast-food
restaurant, drive-thru, cafe, coffee shop, snack shop, public food
market, farmers market, convenience store, or similar place where
prepared food is available for sale on the premises or for takeaway
consumption, and any mobile store, food vendor, caterer, food truck,
or similar mobile outlet. This includes Prepared Food Vendors at City
facilities and City contractors and lessees acting pursuant to a City
contract, lease, or permit at a City Facility.
means food or beverages that are properly labeled and arrive
at the premises of the food seller, vendor, or server in a container
or wrapper in which the food or beverage is wholly encased, enclosed,
contained, or packaged and is not removed from such container or wrapper
(other than an outer container or wrapper that encloses multiple units
of food) before its sale or provision at the premises. Prepackaged
food and beverages may be sold, vended, or served in the same container
(e.g., ramen noodles in a foam cup).
means products designed and manufactured to maintain its
shape and structure and be materially durable to be washed and sanitized
and to be used repeatedly over an extended period of time and is safe
for washing and sanitizing by mechanical and/or manual ware washing
methods that meet the requirements of the California Retail Food Safety
Code for cleaning and sanitizing of equipment and utensils.
means a closed loop service or program provided by a third
party to a Food Vendor that includes the provision of Reusable Food
Ware and the collection, cleaning, and redistribution of the Reusable
Food Ware to said Food Vendor or other Food Vendors. Any operative
third-party Reuse System provider in the City of Palm Springs shall
meet regulatory requirements that the City of Palm Springs may set
forth in guidelines or regulations with a public hearing.
means Prepared Food requiring no further preparation which
is purchased to be consumed off a Prepared Food Vendor's premises.
Takeout Food includes Prepared Food delivered by a Prepared Food Vendor
or by a third-party delivery service.
(Ord. 2045 § 2, 2021)
(a)
Prepared Food Vendors shall use Reusable Food Service Ware and Reusable Food Service Ware Accessories for Prepared Food served for on-site food and beverage consumption, unless the Food Vendor qualifies for a waiver as described in Section 5.87.005. This requirement does not prohibit a Prepared Food Vendor from providing leftover Prepared Food in Non-reusable Food Service Ware with Non-reusable Food Service Ware Accessories that are compliant with Section 5.87.003 of this Chapter when requested by a customer.
(b)
The
following Non-reusable items are allowed for on-site food consumption
and must be non-Plastic: food wrappers, sleeves and bags; napkins;
straws, stirrers, cocktail sticks; toothpicks; and tray and plate-liners.
Any additional Non-reusable items not listed in this section or identified
elsewhere in this chapter must be approved by the City Manager, or
designee.
(c)
All
Prepared Food Vendors offering condiments must offer those items in
Reusable containers, bulk dispensers or individual Non-plastic packaging
for on-site food and beverage consumption.
(d)
Straws
and stirrers shall be made available only upon a customer's specific
request or affirmative response to a vendor's offer.
(e)
As
of January 1, 2023, any Non-reusable items listed in paragraph (b)
must meet the definition of Compostable in this Chapter.
(Ord. 2045 § 2, 2021)
(a)
No
Prepared Food Vendor may use any Non-reusable Food Service Ware or
Food Service Ware Accessories made in whole or in part from Polystyrene
or Polystyrene Foam.
(b)
Non-reusable
straws and stirrers shall not be made of Plastic.
(c)
Prepared
Food Vendors shall provide, sell, or otherwise distribute only those
Food Service Ware Accessories that comply with this Section, and only:
(1) upon a customer's specific request or affirmative response to
a vendor's offer for such items, (2) in a self-service area or dispenser,
or (3) when Prepared Food is assembled for takeout or delivery, to
prevent spills.
(d)
Food
prepared for off-site consumption or leftovers of partially consumed
food on premises shall not be provided to customers in single-use
plastic bags.
(e)
All
Prepared Food Vendors should allow for the use of customer-supplied
Reusable Food Service Ware consistent with California Food Retail
Code, unless any customer-supplied Reusable Food Service Ware appears
to be soiled, unsanitary, or otherwise appears inappropriate in size,
material, or condition for the intended use.
(f)
Prepared
Food Vendors and Takeout Food delivery services must provide options
for customers to affirmatively request Food Service Ware Accessories
across all ordering/point of sale platforms, including but not limited
to web, smart phone and other digital platforms, telephone, and in-person.
Prepared Food Vendors and Takeout Food delivery services shall not
automatically include Food Service Ware Accessories.
(g)
As
of January 1, 2023, any Non-reusable Food Service Ware and Food Ware
Accessories provided for off-site Food and Beverage Consumption must
meet the definition of Compostable in this Chapter. The following
Food Service Ware must also be certified Compostable by the Biodegradable
Products Institute or another independent third party approved by
the City Manager or designee, in collaboration with local waste processors
and haulers:
(Ord. 2045 § 2, 2021)
No Person may sell, offer for sale, or otherwise distribute
for compensation within the City any Non-reusable Food Service Ware
or Food Service Ware Accessories made in whole or in part from Polystyrene
or Polystyrene Foam.
(Ord. 2045 § 2, 2021)
(a)
Non-reusable
Food Service Ware that is entirely Aluminum Foil-based is exempt from
the provisions of this Chapter.
(b)
The
City Manager or designee may waive the provisions of this Chapter
if any of the following are met:
1.
The
applicant demonstrates a feasibility-based hardship. The person seeking
the waiver must demonstrate to the City Manager's satisfaction that
it is not feasible to meet a specific requirement or that no reasonably
feasible alternative exists to a specific non-compliant product.
2.
The
applicant demonstrates compliance is unreasonably financially prohibitive.
The person seeking the exemption must demonstrate to the City Manager's
satisfaction that with respect to each specific noncompliant product,
there is no suitable and reasonably affordable alternative product
available, including, but not limited to, good faith efforts to obtain
a substantially similar complaint item at a non-prohibitive price.
3.
Strict
application of the specific requirement would create an undue hardship,
or practical difficulty, not generally applicable to other persons
in similar circumstances, and good cause is shown.
(c)
An applicant seeking a waiver under subsection a must submit a written application on a form approved by the City Manager or designee. The City Manager or designee may require the applicant to submit additional information or documentation to make a determination regarding the waiver requested. The City Manager or designee shall review requests for waivers on a case-by-case basis and may grant the waiver in whole or in part, with or without conditions, for a period of up to 12 months. An applicant for renewal of a waiver must apply for a new waiver period no later than 60 days prior to the expiration of the then-current period to preserve a continuous waiver status. The City Manager or designee shall review each application anew and base his or her determination on the most current information available. In no case shall a waiver be retroactive or continue past January 1, 2023.
(d)
Nothing
in this chapter shall restrict the availability of single-use plastic
straws, cups, or containers to individuals who may require and request
them due to disability or other medical or physical conditions or
circumstances. Prepared Food Vendors that customarily offer plastic
straws, cups, or containers may maintain a small supply of plastic
products to accommodate such requests.
(e)
The
use of Reusable Food Service Ware and Reusable Food Service Ware Accessories
may be suspended in the event of severe drought conditions as described
in Desert Water Agency Ordinance 65 or State mandates.
(Ord. 2045 § 2, 2021)
Any Person, firm or corporation violating any provision of this chapter shall be guilty of an infraction for such violation and shall be subject to penalties as provided in Section 1.01.155.
(Ord. 2045 § 2, 2021)
