The title of this chapter shall be "Regulating Expanded Polystyrene
Food Containers and Products."
(Ord. 5844, 2018)
The purpose of these provisions is to promote:
A. The
protection of the City's unique waterways and coastal resources including
beaches, tidelands, creeks and riparian habitat.
B. To
protect the public health, safety and general welfare.
C. Compliance
with federal, state, and local laws regarding water quality and waste
diversion.
D. A reduction
in the amount of waste/debris in City parks, public open spaces, creeks,
tidelands and the ocean, and the amount of material going to landfills.
(Ord. 5844, 2018)
The following words and phrases, whenever used in this chapter,
shall have the meanings defined in this section unless the context
clearly requires otherwise:
ASTM Standard.
The standards of the American Society for Testing and Materials
(ASTM) international standard D6400 or D6868 for biodegradable and
compostable plastics, as those standards may be amended.
Biodegradable.
A material that is compostable (separately defined) or the
ability of organic matter to break down from a complex to a more simple
form through the action of bacteria or to undergo this process.
City Facility.
Any building, structure or vehicle owned and operated by
the City, its agents, agencies, and departments.
City Contractor.
Any person or entity that enters into an agreement with the
City to furnish products or services to or for the City.
Compostable.
Materials that have the ability to break down, or otherwise
become part of usable compost (e.g., soil-conditioning material, mulch).
Compostable disposable food containers must meet ASTM standards for
compostable materials.
Disposable Food Container.
A term interchangeable with "to go" packaging and "food packaging
material" and means all containers that are used to hold prepared
food or drinks. Disposable food containers include clamshells, bowls,
plates, trays, cartons, and cups that are intended for single use,
including, without limitation, food containers for takeout foods and/or
leftovers from partially consumed meals prepared by food providers.
This does not include single-use disposable items such as straws,
cup lids, or utensils, nor does it include single-use disposable packaging
for unprepared foods.
Events Promoter.
An applicant for any event permit issued by the City or any
City employee(s) responsible for any City-organized event.
Expanded Polystyrene (EPS).
Blown expanded and extruded polystyrene or other plastic
foams which are processed by any number of techniques including, but
not limited to, fusion of monomer spheres (expanded bead plastic),
injection molding, foam molding, and extrusion-blown molding (extruded
foam plastic). Expanded polystyrene and other plastic foam is generally
used to make cups, bowls, plates, trays, clamshell containers, meat
trays, ice chests, shipping boxes and packing peanuts.
Expanded Polystyrene Products.
Any item such as coolers, ice chests, cups, bowls, plates,
clamshell containers, shipping boxes, or any other merchandise made
from expanded polystyrene that is not wholly encapsulated or encased
by a more durable material.
Food Provider.
Any person located within the City that is a retailer of
prepared food or beverages for public consumption including, but not
limited to, any store, supermarket, delicatessen, restaurant, shop,
caterer or mobile food vendor.
Person.
An individual, business, event promoter, trust, firm, joint
stock company, corporation, nonprofit, including a government corporation,
partnership, or association.
Prepared Food.
Food or beverages, which are served, packaged, cooked, chopped,
sliced, mixed, brewed, frozen, squeezed or otherwise prepared within
the City. Prepared food does not include raw, butchered meats, fish
and/or poultry sold from a butcher case or similar food establishment.
Recyclable.
Materials that can be recycled consistent with the requirements of Chapter
7.16, including, but not limited to, aluminum, tin and bi-metal cans, clear and colored glass containers, high density polyethylene (HDPE), polyethylene terephthalate (PET), clear or rigid polystyrene, corrugated cardboard and mixed paper.
Vendor.
Any store or business which sells or offers goods or merchandise,
located or operating within the City, including those referenced in
the definition of "food provider."
(Ord. 5844, 2018)
It is unlawful for any vendor or events promoter in the City to sell or otherwise provide any expanded polystyrene product which is not wholly encapsulated or encased within a more durable material, except as exempted in Section
9.160.070. This specifically includes, but is not limited to, cups, plates, bowls, trays, clamshells and other products intended primarily for food service use, as well as coolers, containers, ice chests, shipping boxes, packing peanuts, or other packaging materials.
(Ord. 5844, 2018)