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.
refers to the ability of a material to decompose into elements
normally found in nature within a reasonably short period of time
after disposal.
means any building, structure or vehicle owned or operated
by the city of South San Francisco.
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.
means any person obtaining prepared food from a restaurant
or retail food vendor.
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.
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.
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.
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.”
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).
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.
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:
(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)
