A. 
Effective on the date set forth in SJCC § 5.04.040, food service businesses located in San Juan County shall be prohibited from selling or providing food, for consumption on or off the premises, in or on packaging made wholly or partially of expanded polystyrene, except as otherwise provided under subsection (B) of this section.
B. 
Food service businesses that sell or otherwise provide food to their customers in prepackaged expanded polystyrene containers that have been filled and sealed prior to receipt by the food service businesses or that sell or otherwise provide to their customers meat, fish or shellfish products in or on containers made wholly or partially of expanded polystyrene shall be exempt from the prohibition established in subsection (A) of this section.
(Ord. 1-2010 § 1)
For purposes of this chapter, the following definitions shall apply:
A. 
"Expanded polystyrene"
means blown polystyrene and expanded and extruded foams 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).
B. 
"Food service businesses"
means full-service restaurants, fast food restaurants, cafes, delicatessens, coffee shops, grocery stores, vending trucks or carts, business or institutional cafeterias, and any other businesses selling or providing food for consumption on or off the premises.
(Ord. 1-2010 § 2)
A. 
Violations.
1. 
The first violation of any provision of this chapter shall be a Class 3 civil infraction.
2. 
The second violation of any provision of this chapter by the same person within a one-year period shall be a Class 2 civil infraction.
3. 
A third or subsequent violation of any provision of this chapter by the same person within a one-year period shall constitute a Class 1 civil infraction.
B. 
Penalties. The penalties for committing a civil infraction under this chapter are set forth in Chapter 7.80 RCW, as it may be amended from time to time.
(Ord. 1-2010 § 3)