For the purposes of this chapter, the following definitions apply:
"Affordable"means that a compostable product may cost up to 15 percent more than the purchase cost of the nonbiodegradable, noncompostable or nonrecyclable material.
"ASTM standard"means meeting the standards of the American Society for Testing and Materials International Standards D6400, as may be amended.
"Biodegradable"means the ability of organic matter to break down from a complex to a simpler form through the action of bacteria or to undergo this process.
"BPI"means Biodegradable Product Institute.
"City contractor"means any person or entity that has a contract with the city for work or improvement to be performed, for a franchise, concession, for grant moneys, goods and services, or supplies to be purchased at the expense of the city.
"City facility"means any building, structure, street, park, open space, golf links, or vehicle owned and operated by the city, its agents, and departments.
"Compostable"means a material that meets BPI certified standards or undergoes degradation by biological processes during composting to yield carbon dioxide (CO
2), water, inorganic compounds, and biomass within a nominal time frame. Compostable food service ware must be clearly labeled compostable in accordance with California Public Resources Code Section
42357 et seq., as may be amended, and all state and federal labeling laws pertaining to the identification of compostable products.
means products intended for single or a limited number of uses, used in the restaurant, food service and retail industries.
"Exempted uses"means those points of sale or delivery sales that have received a special exemption through the city manager or designee.
"Food service provider"means any restaurant or vendor located or providing food within the city that provides prepared food for public consumption on or off its premises and includes without limitation any store, shop, sales outlet, restaurant, grocery store, super market, delicatessen, catering truck, special events vendor, or vehicle, or any other person who provides prepared food; and any organization, group or individual which regularly provides food as a part of its services.
"Food service ware"means products used by a food service provider or in the food service industry for serving or transporting prepared ready-to-consume food or beverages. This includes but is not limited to plastic plates, straws, cups, lids, bowls, utensils, stirrers, beverage plugs, trays and hinged or lidded containers. This does not include single-use packaging for unprepared foods.
"Lodging provider"means any hotel, motel, bed and breakfast inn, short-term rental, or any other establishment that provides overnight lodging.
"Person"means an individual, business, event promoter, special events vendor, trust, firm, joint stock company, corporation, nonprofit, including a government corporation, partnership, or association, and public or private school.
"PLA"(polylactic acid or polylactide) means a biodegradable and bioactive thermoplastic aliphatic polyester derived from renewable biomass, typically from fermented plant starch such as from corn, cassava, sugarcane or sugar beet pulp.
"Plastic"means a material derived from either petroleum or a biologically based polymer, such as corn or other plant sources.
"Plastic bag" or "plastic carryout bag"means a single-use carryout bag of any size that is provided at point of sale to customers by a retail establishment or food provider. Plastic bags include noncompostable carryout bags. After December 31, 2020, this definition shall include "dry cleaning film bags."
"Point of sale"means a physical or virtual place where sales transactions are made, typically a cash register, check stand or online shopping cart.
"Polystyrene foam"includes expanded polystyrene that is a thermoplastic petrochemical material 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, form molding, and extrusion-blown molding (extruded foam polystyrene). This includes but is not limited to polystyrene foam plate, bleached paperboard plate with low density polyethylene coating and bleached paperboard plate with polystyrene coating.
"Prepared food"means food or beverage prepared for consumption on the food provider's premises, or elsewhere, using any cooking or food preparation technique. This does not include any raw uncooked meat, fish or eggs unless provided for consumption without further food preparation. This does not include food prepared and packaged outside the city.
"Recyclable"means any material that is accepted by the city recycling program, including, but not limited to, paper, glass, aluminum, cardboard and plastic bottles, jars and tubs. Recyclable plastics comprise those plastics coded with the recycling symbols Nos. 1 through 5.
"Recycled paper bag"means a bag that contains no old growth fiber and is made up of 100 percent post-consumer recyclable materials, and has printed in a highly visible manner on the outside of the bag the words "100 percent Compostable."
"Restaurant"is defined as a food provider doing business in the city whose principal business is the sale of prepared food for consumption either on or off premises, which includes a restaurant, cafe, bakery, food cart, take-out establishment, home kitchens, delicatessen, or catering truck.
"Retail establishment" or "retail store"means all sales outlets, stores, shops, vehicles, nonprofits, resale businesses or other places of business located within the city that operate primarily to sell or convey goods directly to the ultimate consumer.
"Reusable"means designed or intended for more than a single use or few uses, or intended for reuse, in contrast to disposable.
"Reusable bag"means any bag with handles that is specifically designed and manufactured for multiple reuse, and is either: (1) made of cloth or other washable woven fabric; or (2) made of durable material that is at least 4.0 mils thick that can be cleaned or disinfected at least 125 times. A reusable bag may be made of recyclable plastic such as high-density polyethylene (HDPE), low-density polyethylene (LDPE), or polypropylene.
"Single-use amenities"means plastic containers less than eight ounces in size that contain personal care products intended to be applied to or used on the human body in the shower, bath or any part thereof, and includes body wash, lotion or hair products provided by lodging providers.
"Single-use carryout bag"is defined as a bag, other than a reusable, recyclable bag, or compostable bag, provided at the point of sale for the purpose of transporting food or merchandise out of the establishment. Single-use carryout bags include bags, without handles, provided to the customer to (1) transport produce, bulk food or meat from a produce, bulk food or meat department within a store to the point of sale; (2) hold prescription medication dispensed from a pharmacy; or (3) segregate food or merchandise that could damage or contaminate other food or merchandise when placed together in a bag.
"Single-use plastics"means single-use carryout plastic bags or containers that are provided at the point of sale to customers. These typically include plates, cutlery, cups, lids, straws, "clamshells" and other containers, as well as products with plastic lining. This also includes single-use amenities.
"Special events promoter"means an applicant for any special events permit issued by the city or any city employee(s) responsible for any city-sponsored or organized special event.
"Straw"means a tube through which beverages, slurries, smoothies, and similar ingestible products may be ingested by the consumer.
"SUDs"means single-use disposable packing and food service ware.
(Ord. 14-015 § 2, 2014; Ord. 19-016 § 2, 2019)