"BPI certified"
means those compostable fiber foodware products that have been certified by the Biodegradable Products Institute (BPI) to safely and readily biodegrade in an industrial composting facility in the typical processing time. As of January 1, 2020, BPI ensures all certified products are fluorinated chemical free.
"Compliant non-reusable foodware"
means a foodware intended for disposal after one use and is: (1) accepted by the county through its composting collection program as compostable as identified by the Deputy Director of Environmental Health Services or their designee; (2) certified by either BPI certified or other third party product certification recognized by the county through its Deputy Director of Environmental Health Services or their designee to ensure the item is free of harmful chemicals including but not limited to fluorinated chemicals, that may have been used in foodware manufacture; and (3) made entirely of natural fiber, as defined that term is defined below, and, including, but not limited to, paper, wood, or sugarcane fibers.
"Compliant foodware accessory"
means a foodware accessory that is: (1) accepted in Marin County composting collection program as compostable; and (2) made entirely of natural fiber.
"Compost facility"
means compost facilities used by the City's current waste haulers for composting organic material.
"Compostable"
means an item or material that: (1) will break down, or otherwise become part of usable compost in a safe and timely manner; and (2) is made entirely of natural fiber or made from other materials approved by the Deputy Director of Environmental Health Services or their designee.
"Compostable plastics or biodegradable plastics"
means the disposable products developed from polylactic acid (PLA), which require a specific set of conditions to compost or biodegrade that do not exist in the county or the region. These products are considered noncompliant.
"Condiment"
means relishes, spices, sauces, confections, or seasonings that require no additional preparation and that are usually used on a food item after preparation, including ketchup, mustard, mayonnaise, soy sauce, hot sauce, salsa, salt, pepper, sugar, and sugar substitutes.
"City"
means the City of Mill Valley.
"City facility"
means any building or structure owned, leased, or operated by the City of Mill Valley.
"County"
means Marin County.
"Customer"
means a person who is a member of the public, takes possession of food from a food vendor, is not functioning in the capacity of an operator of a food facility, and does not offer the food for resale.
"Digital ordering platform"
means the digital technology provided by an internet website or mobile application used by customers of food vendors to order food or schedule food delivery.
"Director"
means the Deputy Director of Environmental Health Services or their designee.
"Disposable (or non-reusable) cup"
means a beverage cup designed for single-use to serve beverages such as water, hot and cold drinks, and alcoholic beverages.
"Effective date"
means 30 days after the adoption of the ordinance codified in this chapter.
"EPS"
means expanded polystyrene, also known as polystyrene foam.
"Fluorinated chemical"
means a class of fluorinated organic compounds containing at least one fully fluorinated carbon atom, also known as perfluoroalkyl (PFOA) and polyfluoroalkyl (PFOS) substances, or PFAS chemicals. California Proposition 65 lists PFOA and PFOS as reproductive toxicants.
"Foodware"
means all containers, bowls, plates, food trays, cups, lids, boxes, and other like items that are used for prepared foods, including without limitation, foodware for takeout foods or leftovers from partially consumed meals prepared by food vendors.
"Foodware accessories"
means items typically provided alongside prepared food, including, but not limited to, forks, spoons, knives, chopsticks, napkins, cup sleeves, food wrappers, beverage trays, condiment containers, straws, stirrers, splash sticks, cocktail sticks, toothpicks, tray-liners, and plate-liners.
"Food vendor"
means a food facility as that term is defined in Health and Safety Code Section 113789, or its successor, including, but not limited to, a restaurant, bar, grocery store, delicatessen, bakery, food service establishment (including carry-out, quick service, and full-service establishments), food truck, itinerant restaurant, pushcart, farmers market, caterer, microenterprise home kitchen operation, or cottage food operation, that provides prepared food to be consumed on or off the premises located or operating within the City.
"Natural fiber"
means a plant-based, non-synthetic fiber, including, but not limited to, paper, wood, bamboo, palm leaf, wheat straw, or sugarcane. Natural fiber does not include plastic or polystyrene foam of any kind.
"On request"
means that only at the request of a customer shall the compliant product be provided.
"Polystyrene foam"
means and includes blown polystyrene and expanded and extruded foams (sometimes incorrectly 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 (expandable bead polystyrene), injection molding, foam molding, and extrusion-blow molding (extruded foam polystyrene). Polystyrene foam is generally used to make cups, bowls, plates, trays, clamshell containers, meat trays, coolers, packing peanuts, and egg cartons.
"Prepared food"
means food or beverages, which are served, packaged, cooked, chopped, sliced, mixed, brewed, frozen, squeezed or otherwise prepared on the premises of the food vendor and includes takeout food. For the purposes of this chapter, prepared food does not include raw, butchered meats, fish and/or poultry, which are sold from a butcher case or similar appliance.
"Reusable or durable"
means foodware and foodware accessories, including plates, bowls, cups, jars, trays, glasses, straws, stirrers, condiment cups, utensils, etc., that are manufactured of durable materials and specifically designed and manufactured to be washed and sanitized and used repeatedly over an extended period of time, and are safe for washing and sanitizing according to applicable regulations.
"Takeout food"
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 vendor.
(Ord. 1342 § 2, April 17, 2023)
Food vendors within the incorporated areas of the City:
A. 
Shall sell or provide food and beverages for consumption on the premises using reusable foodware and utensils (forks, spoons, knives, chopsticks) except as otherwise provided in Section 7.30.030(B);
B. 
May provide all other compliant foodware accessories, which are made of natural fibers, including napkins, food wrappers, straws, stirrers, cocktail sticks, toothpicks, tray-liners, and plate-liners only upon request or at self-serve stations;
C. 
Shall offer condiments in reusable containers or dispensers rather than prepackaged single-use condiment packets; and
D. 
Will have until November 10, 2023, before enforcement of this regulation begins.
(Ord. 1342 § 2, April 17, 2023)
Food vendors within the incorporated areas of the City selling takeout food for consumption off premises:
A. 
Shall provide takeout food in reusable foodware, or compostable natural fiber compliant foodware, or items composed entirely of glass or aluminum.
B. 
Shall provide all other compliant foodware accessories, which are made from natural fibers, including napkins, cup sleeves, beverage trays, condiment containers, straws, stirrers, splash sticks, cocktail sticks, and toothpicks only upon request or at self-serve stations.
C. 
Takeout food bags shall be reusable, paper, or comply with Chapter 7.40 of the Mill Valley Municipal Code (regulations for single-use carry-out bags).
D. 
Takeout food delivery services shall provide the option for compliant foodware accessories (forks, spoons, knives, chopsticks) and single-use condiments only on request. A food vendor or a takeout food delivery service may include lids, spill plugs, and sleeves without request for non-reusable cups for delivery.
E. 
Food vendors shall provide plastic straws only on request.
(Ord. 1342 § 2, April 17, 2023)
A. 
A digital ordering platform offering ready-to-eat food from a food vendor, whether operated by a third party or by a food vendor, shall include a statement that communicates that compliant non-reusable foodware, compliant foodware accessories, and single-use condiments are offered only on request, and shall provide customers with the option to select the compliant non-reusable foodware and compliant foodware accessories and single-use condiments of their choice.
B. 
If a food vendor uses any third-party digital ordering platform for ready-to-eat food, the food vendor shall customize its menu with a list of available compliant non-reusable foodware and compliant foodware accessories and single-use condiments, and only those compliant non-reusable foodware and compliant foodware accessories and single-use condiments selected by the customer shall be provided by the food vendor.
(Ord. 1342 § 2, April 17, 2023)
The following regulations apply to City purchases, facilities, and City-sponsored events:
A. 
All City facilities that involve food service shall use reusable foodware and compliant foodware accessories.
B. 
City-managed concessions, City-sponsored events, and City-permitted events shall use reusable food-ware or compliant foodware and compliant foodware accessories.
C. 
These entities are prohibited from using non-reusable EPS/polystyrene foam foodware and plastic foodware, including EPS/polystyrene foam, plastic, and compostable or biodegradable plastic. No City department shall purchase or acquire non-reusable foodware for use at any City facility. Organizations or individuals using City facilities shall use reusable or compliant non-reusable foodware and compliant foodware accessories.
D. 
The City shall prohibit the use of EPS/polystyrene foam and non-reusable plastic foodware by vendors, franchisees, lessees, contractors, or other commercial food and beverage purveyors at all City government center facilities and City parks. Prohibited products include, but are not limited to, EPS/polystyrene foam and non-reusable plastic food containers, straws, bowls, plates, trays, utensils, clamshells, and cups which are not intended for reuse, on or in which any foods or beverages are placed or packaged.
E. 
As of the effective date, all City departments that hold contracts, lease agreements, permits or other agreements that involve food service shall incorporate this prohibition into all new and renewed contracts, leases, permits, agreements, etc.
F. 
The use or distribution of EPS/polystyrene foam and non-reusable plastic foodware at special events at City facilities that are sponsored or co-sponsored by the City shall be prohibited. This prohibition shall apply to the event organizers, agents of the event organizers, event vendors, and any other party (including non-profit organizations) who have an agreement with one or more of the co-sponsors of the event to sell goods or beverages at the event or otherwise provide an event-related service.
G. 
Written agreements with any vendor, including non-profit organizations, to sell food or beverages at an event that is sponsored or co-sponsored by the City, shall specifically prohibit the usage and distribution of EPS/polystyrene foam and non-reusable plastic foodware.
(Ord. 1342 § 2, April 17, 2023)
A. 
All food vendors shall charge customers $0.25 at the point of sale for every non-reusable cup provided unless they are exempt under this chapter.
B. 
Income from the non-reusable cup charge shall be retained by the food vendor.
C. 
Charges for non-reusable cups shall be identified separately on any post-sale receipt provided and, pre-sale, shall be clearly identified for the customer on media such as menus, ordering platforms, or menu boards. Customers placing orders by telephone shall be informed verbally of non-reusable cup charges.
D. 
All customers demonstrating, at the point of sale, a payment card or voucher issued by the California Special Supplemental Food Program for Women, Infants, and Children (WIC) pursuant to Article 2 (commencing with Section 123275) of Chapter 1 of Part 2 of Division 106 of the California Health and Safety Code and as amended, or an electronic benefit transfer card (EBT) issued pursuant to Section 10072 of the California Welfare and Institutions Code, and individuals with disabilities shall be exempt from the non-reusable cup charge.
(Ord. 1342 § 2, April 17, 2023)
A. 
All food vendors who provide solid waste containers for customer use must provide separate receptacles for solid waste, recyclables, and organics. Receptacles shall be colored black or gray for garbage, blue for recycling, and green for compost/organics.
B. 
To the extent possible given space constraints, all receptacles for solid waste, recyclables, and organics should be placed adjacent to one another.
C. 
Graphic-rich signage must be posted on or above each receptacle following the waste hauler's guidelines.
(Ord. 1342 § 2, April 17, 2023)
A. 
Entities packaging prepared foods outside of the City are exempt from the provisions of this chapter; provided, however, such entities are urged to follow the provisions of this chapter.
B. 
Non-reusable foodware and foodware accessories composed entirely of aluminum are exempt from the provisions of this chapter.
C. 
Should foodware or foodware accessories made of compliant compostable natural fiber not be commercially available, as determined by the Director or their designee, the county may approve temporary exemption of specific nonreusable foodware or foodware accessories until they are made commercially available. The county shall maintain a list, updated annually, with foodware or foodware accessories deemed not available commercially.
D. 
For the immediate preservation of the public peace, health, or safety due to an emergency or natural disaster, the City Council, or its designee, may exempt food vendors, persons operating City facilities and agents, contractors, and vendors doing business with the City, from the provisions of this chapter.
(Ord. 1342 § 2, April 17, 2023)
A. 
Compliance with this chapter is required as of the effective date of the ordinance codified herein.
B. 
Enforcement of this chapter shall be pursuant to Mill Valley Municipal Code Chapter 8.02, inclusive.
C. 
Enforcement shall include written notice of noncompliance and a reasonable opportunity to correct, prior to issuance of any penalty.
D. 
It is found and determined by the City Council that the public interest, health, safety, and welfare of the residents of the City require that the Marin County Environmental Health Services Division be designated as the enforcement agency of and within the City of Mill Valley and as such enforcement agency, it is authorized with the enforcement of the provisions of this chapter and the Marin County Environmental Health Services Division is vested, for the purposes of enforcing this chapter within Mill Valley, with all of the jurisdiction and powers vested in or available to said division by this chapter and said health and safety code.
E. 
Enforcement of this chapter will begin on November 10, 2023. Enforcement will be delegated to the county's Environmental Health Services. Enforcement will progress on the regular inspection schedule of all covered food vendors in the county as described in this chapter.
(Ord. 1342 § 2, April 17, 2023)
On behalf of the City of Mill Valley, the county may choose to undertake the following legal actions for enforcement of this chapter. The Director of Environmental Health Services or their designee is authorized to promulgate regulations and take any and all other actions reasonable and necessary to enforce the provisions of this chapter, including, but not limited to, entering the premises of any food provider during regular business hours to verify compliance and by the issuance of administrative citations. The remedies and penalties provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.
A. 
The first and second violations of this chapter shall result in a notice of violation, each notice giving the food vendor 30 days to correct the violation(s). Any subsequent violation shall constitute an infraction punishable by a fine of $25.00 for each day in violation, but not to exceed an amount of $300.00 annually.
B. 
Administrative Citations. Administrative citations may be issued for violations of this chapter at the discretion of the Director. The issuance of an administrative citation under this chapter shall not supersede or limit the remedies provided elsewhere in this Code or California law, including other administrative citation remedies. Issuance of an administrative citation may be exercised in place of, but shall not be considered a waiver of, the use of any other available enforcement remedy.
(Ord. 1342 § 2, April 17, 2023)