“ASTM specification”
means meeting the American Society for Testing and Materials (ASTM) International Standards D6400 or D6868 for biodegradable and compostable plastics, as those standards may be amended. D6400 is the specification for plastics designed for compostability in municipal or industrial aerobic composting facilities. D6868 is the specification for aerobic compostability of plastics used as coatings on a compostable substrate.
“Biodegradable”
refers to the ability of a material to decompose into elements normally found in nature within a reasonably short period of time after disposal.
“City facilities”
means any building, structure or vehicle owned or operated by the city of South San Francisco.
“Compostable”
means all materials in the product or package will degrade into, or otherwise become part of, usable compost (e.g., soil-conditioning material, mulch) in a safe and timely manner. Compostable disposable food service ware includes products made of plant materials and ASTM specification bio-plastics (plastic-like products) that are clearly labeled, preferably with a color symbol, such that any customer or processor can easily distinguish the ASTM specification compostable plastic from non-ASTM specification compostable plastic.
“Customer”
means any person obtaining prepared food from a restaurant or retail food vendor.
“Disposable food service ware”
means single or non-durable use disposable products used by food vendors in the restaurant or food serving industry for serving or transporting prepared, ready-to-consume food or beverages. This includes, but is not limited to, plates, cups, bowls, utensils, cartons, trays, and hinged or lidded containers for takeout foods and/or leftovers from partially consumed meals prepared at food vendors.
“Food vendor”
means any establishment, located or providing food within the city, which provides prepared food for public consumption on or off its premises and includes without limitation any sales outlet, store, shop, restaurant, grocery store, supermarket, vehicle or other places of business operating primarily to sell or convey foods or beverages directly to the ultimate consumer, which foods or beverages are predominantly contained, wrapped or held in or on packaging, including both restaurants and retail food vendors.
“Polystyrene”
means and includes blown polystyrene and expanded and extruded foams, sometimes referred to as “Styrofoam®,” a Dow Chemical Co. trademarked form of expanded polystyrene (EPS), processed by any number of techniques including, but not limited to, fusion of polymer spheres, injection molding, foam molding, and extrusion-blow molding. The term “polystyrene” also means clear or solid polystyrene that is generally used to make clear clamshell containers, clear or colored straws, lids and utensils.
“Prepared food”
means food or beverages, which are served, packaged, cooked, chopped, sliced, mixed, brewed, frozen, squeezed or otherwise prepared for consumption on the food vendor’s premises or within the city. Prepared food may be eaten either on or off the premises, also known as “takeout food.”
“Recyclable”
means material that can be sorted, cleansed and reconstituted using South San Francisco’s available recycling collection programs for the purpose of using the altered form in the manufacture of a new products. Recycling does not include burning, incinerating, converting, or otherwise thermally destroying solid waste. Recyclable plastics comprise those plastics with the recycling symbols #1 through #5 including polyethylene terephthalate (PET or PETE), high density polyethylene (HDPE), low density polyethylene (LDPE), and polypropylene (PP).
“Restaurant”
means any establishment located within the city that sells prepared food for consumption on, near, or off its premises by customers. For the purposes of this chapter the term includes a restaurant operating from a temporary facility, cart, vehicle or mobile unit.
“Reusable”
means all materials in the product or package will be used more than once in its same form by the customer, retail food vendor or other reuse programs. Reusable food service ware includes: food or beverage containers, packages or trays, such as, but not limited to, soft drink bottles and milk containers that are designed to be returned to the distributor and customer provided take-out containers. Also includes durable containers, packages or trays used on-premises or returnable containers brought back to the food vendor.
(Ord. 1398 § 1, 2008)
(a) 
Food vendors are prohibited from dispensing prepared food to customers in disposable food service ware made from polystyrene.
(b) 
All city facilities, city-sponsored events, and city permitted events are prohibited from using disposable food service ware made from polystyrene. All city departments and agencies shall not purchase or acquire disposable food service ware made from polystyrene for use at city facilities.
(c) 
City franchises, contractors and vendors doing business with the city shall be prohibited from using food service ware made from polystyrene in city facilities or on city projects within the city.
(d) 
Organizations using city offices or property shall comply with this chapter (e.g., street closure permits, events at city facilities, etc.) and while on city premises, shall not willfully possess, give, receive, lend, offer or expose for sale, use, deliver, furnish, transfer or dispose of any disposable food service ware made from polystyrene.
(Ord. 1398 § 1, 2008)
(a) 
All food vendors using any disposable food service ware will use biodegradable, compostable, reusable or recyclable food service ware. All food vendors are strongly encouraged to use reusable food service ware in place of using disposable food service ware for all food served on-premises. All food vendors will allow customers to bring their own returnable food service ware to be filled on-premises. Food vendors may price products or services to customers in a manner that covers the cost differential.
(b) 
All city facilities will use biodegradable, compostable, reusable or recyclable food service ware unless it can be shown there is not an alternative for a specific application.
(c) 
City franchises, contractors and vendors doing business with the city will use biodegradable, compostable, reusable or recyclable food service ware unless they can show an alternative product is not available for a specific application.
(Ord. 1398 § 1, 2008)
(a) 
Prepared foods prepared or packaged outside the city are exempt from the provisions of this chapter. Purveyors of food prepared or packaged outside the city are encouraged to follow the provisions of this chapter.
(b) 
A food vendor will be exempted from the requirements of this chapter for specific items or types of food service ware if the city manager or designee finds that the requirements of this chapter would cause undue hardship. An “undue hardship” shall be found in:
(1) 
Situations unique to the food vendor where a suitable, biodegradable, compostable, reusable or recyclable alternative does not exist for a specific application; and/or
(2) 
Situations where compliance with this chapter would cause significant economic hardship to that food vendor.
(c) 
Any food vendor may seek an exemption from the requirements of this chapter by filing a request in writing with the city manager. A written exemption request shall include all information necessary for the city manager to make a decision, including, but not limited to, documentation that factually supports the claimed exemption. The city manager may require the applicant to provide additional information to permit him or her to make a determination regarding the exemption application. The city manager or designee may waive any specific requirement of this chapter for a period of not more than one year if the food vendor seeking the exemption has demonstrated that strict application of the specific requirement would cause undue hardship. Exemption decisions are effective immediately and final, and are not subject to appeal. A food vendor granted an exemption by the city must re-apply prior to the expiration of the one-year exemption period and demonstrate continued undue hardship, the continued absence of a suitable biodegradable, compostable, reusable or recyclable alternative, if it wishes to have the exemption extended. Extensions may be granted for intervals not to exceed one year.
(d) 
Polystyrene coolers and ice chests intended for reuse are exempt from the provisions of this chapter.
(Ord. 1398 § 1, 2008)
(a) 
The city manager or designee will have primary responsibility for enforcement of this chapter. The city manager or designee is authorized to promulgate regulations and to take any and all other actions reasonable and necessary to enforce this chapter, including, but not limited to, entering the premises of any food vendor to verify compliance. The city manager or designee is authorized to take any and all actions reasonable and necessary to further the purposes of this chapter or to obtain compliance with this chapter.
(b) 
Any person violating any of the provisions of this chapter is guilty of an infraction punishable as provided in Chapter 1.24.
(c) 
The city attorney may seek legal, injunctive, or other equitable relief to enforce this chapter and any regulation or administrative procedure authorized by it.
(d) 
The remedies and penalties provided in this section are cumulative and not exclusive of one another.
(Ord. 1398 § 1, 2008)
Violations of this chapter shall be enforced as follows:
(a) 
For the first violation, the city manager or designee, upon determination that a violation of this chapter has occurred, shall issue a written warning notice to the food vendor specifying the violation and the appropriate penalties in the event of future violations.
(b) 
Thereafter, the following penalties shall apply:
(1) 
A fine of one hundred dollars for the first violation following the issuance of a warning notice;
(2) 
A fine of two hundred dollars for the second and any other violation that occurs following the issuance of a warning notice;
(3) 
Fines are cumulative and each day that a violation occurs shall constitute a separate violation.
(c) 
Food vendors may request an administrative hearing to adjudicate any penalties issued under this chapter by filing a written request with the city manager or designee. The hearing procedures set forth in Chapter 1.25 of this code shall be followed. Any determination from the administrative hearing on penalties issued under this chapter will be final and conclusive.
(Ord. 1398 § 1, 2008)