A. 
Purpose. The provisions of this chapter seek to regulate and reduce the amount of nonreusable, noncompostable disposable food service ware that is used within the city of Shoreline; to encourage the use of reusable alternatives; and to protect the natural environment and the health of its residents.
B. 
Applicability.
1. 
The provisions of this chapter shall apply to any operation that meets the definition of food service establishments engaging in business within the city of Shoreline.
2. 
This chapter is not applicable to prepackaged food.
C. 
Nothing in this chapter shall be construed to conflict with the Americans with Disabilities Act, Washington’s Law Against Discrimination, or any other applicable law, as these laws exist now or as amended, concerning the rights of individuals with disabilities so as to restrict the provision by food service establishments of noncompostable disposable service ware to individuals who request the use of such service ware to accommodate disabilities. Nor shall this chapter be construed to prevent hospitals, long-term care facilities, or other types of health care facilities, as defined in RCW 70A.245.080, as amended from time to time, from providing noncompostable disposable single-use service ware based on the physical or medical needs of an individual patient or resident.
(Ord. 990 § 1 (Exh. A), 2023)
The city manager is instructed and authorized to adopt appropriate rules and policies for the purpose of carrying out the provisions of this chapter. Such rules and policies should include guidelines and submission requirements for petitions for waivers requested by food service establishments.
(Ord. 990 § 1 (Exh. A), 2023)
“City manager”
means the Shoreline city manager or designee.
“Compostable”
shall have the same meaning as defined in Chapter 70A.455 RCW, as amended from time to time.
“Condiment packet”
means single-serving packages of relishes, spices, sauces, confections, or seasonings including, but not limited to, ketchup, mustard, mayonnaise, soy sauce, hot sauce, salsa, coffee creamer, jam, salt, pepper, and sugar/sugar substitutes.
“Disposable food service ware”
means items used for serving, distributing, holding, packaging, and/or transporting prepared food including, but not limited to, plates, bowls, cups, trays, deli rounds, clamshells and other hinged or lidded containers, food contact paper (e.g., wraps, bags, tray liners), portion cups, and accessory items such as lids, straws, stirrers, cup spill plugs, cup sleeves, condiment packets, knives, forks, spoons, chopsticks, and other types of similar items, cocktail sticks/picks, toothpicks, napkins, and the packaging that any of these individual items are wrapped in, all of which are designed to be discarded after a single or limited number of uses, not manufactured for long-term multiple reuse, and/or are not reusable.
“Food service establishment”
means any person, corporation, partnership, business, facility, vendor, organization, or individual that sells, conveys, or provides merchandise, goods, or materials directly to a customer and, for the purposes of this chapter, includes, but is not limited to, fixed and mobile restaurants, coffee shops, sandwich shops, delicatessens, taverns, bars, night clubs, grocery stores, catering trucks, convenience stores, catering kitchens, commercial food preparation facilities, commissaries, institutional facilities such as schools, hospitals, health care facilities, or similar places in which food or drink is prepared for sale or for service on the premises or elsewhere, including temporary stores or vendors at farmers’ markets, street fairs, and festivals.
“On-site consumption”
takes place when a food service establishment makes tables and/or seating, inside or outside of a structure, available to allow customers to consume, in whole or in part, prepared food at the location of the establishment.
“Prepackaged food”
means food service ware that has been filled with food and sealed by a separate food service business or food manufacturer prior to receipt by the point-of-sale retail establishment.
“Prepared food”
means food or beverages that undergo a cooking or food preparation technique on or off the retail food establishment’s premises for consumption by the customer. Cooking and food and beverage preparation techniques include, but are not limited to, the following: steaming, microwaving, simmering, boiling, broiling, grilling, frying, roasting, blending, brewing, steeping, juicing, diluting, pouring, defrosting, rinsing, washing, cutting, portioning, mixing, blending, assembling, coating, dipping, garnishing, decorating, or icing. “Prepared food” does not include raw eggs or raw, butchered meats, fish, and/or poultry sold from a butcher case, a refrigerator case, or similar retail appliance, or prepackaged food, meaning food that was packaged by a separate entity prior to receipt by the point-of-sale food service establishment.
“Reusable”
means a product designed and manufactured of durable materials to maintain its shape and structure, capable of being washed and sanitized, and used repeatedly over an extended period of time. Reusable products include cleanable durable containers, cups, trays, and utensils designed to be used at least 1,000 times.
“Single-use”
means a nonreusable product that is designed to be used once and discarded.
(Ord. 990 § 1 (Exh. A), 2023)
A. 
Service Ware Required for Off-Site Consumption. Food service establishments are prohibited from providing prepared food to customers using noncompostable disposable food service ware for off-site consumption unless otherwise provided for in this chapter. All disposable food service ware shall be com-postable and accepted for composting by the industrial composting facilities that process waste delivered from the city’s authorized collection company.
B. 
Service Ware Required for On-Site Consumption.
1. 
Reusable food service ware, including, but not limited to, plates, bowls, cups, and utensils, is required at all food service establishments for any prepared food to be consumed on site.
Condiments provided for on-site consumption shall be served in reusable containers. Compostable straws shall be allowed upon request of the customer.
2. 
Food service establishments may provide compostable disposable food service ware to take away leftover food after on-site consumption.
3. 
Food service establishments shall have a dishwashing system on site or a contract with an off-site provider to clean and sanitize all reusable food service ware consistent with state or local health code.
C. 
Customer Inquiry. If a food service establishment provides for consumption of prepared food both on site and off site, the establishment shall ask a customer where the prepared food will be consumed so as to provide the type of service ware required by this chapter.
D. 
Exemptions and Waivers – Food Service Ware or Dishwashing System.
1. 
Exemptions.
a. 
The following single-use plastic food service products are exempt from the prohibition contained in subsection A of this section until June 1, 2025:
i. 
Catering trays;
ii. 
Clear food wrap and shrink wrap;
iii. 
Containers for uniquely shaped foods, e.g., deviled eggs and cupcakes;
iv. 
Flexible plastic packaging used to preserve moisture and freshness such as for cookies;
v. 
Containers or trays for hot meat items such as for ribs or rotisserie chicken; or
vi. 
Small absorbent pads put under meat or seafood to absorb liquids in the package.
b. 
The city manager may extend the foregoing exemption for one or more of the listed products for additional periods of time not to exceed one year in duration (per authorization) when the city manager determines as follows:
i. 
There are not at least two suitable and readily commercially available compostable alternatives to the single-use plastic food service product for which the exemption is being extended; or
ii. 
There are not at least two vendors that make commercially available a suitable compostable alternative to the single-use plastic food service product for which the exemption is being extended.
c. 
Public notice of exempted products shall be posted on the city’s official website.
2. 
Waivers.
a. 
A food service establishment may submit a petition for waiver from the disposable food service ware requirements of this chapter due to a suitable compostable product being commercially unavailable.
b. 
A food service establishment that does not have adequate on-site or off-site dish-washing capacity may submit a petition for waiver from the reusable service ware requirements of this chapter due to insurmountable space constraints for a dishwashing system, undue financial hardship, and/or other extraordinary circumstances. If a waiver is granted, the food service establishment shall use compostable disposable service ware that meets the requirements of this chapter.
c. 
Petition for waivers shall be submitted on the form provided by the city. The food service establishment shall demonstrate its inability to comply due to an item being commercially unavailable, insurmountable space constraints for a dishwashing system, undue financial hardship, and/or other extraordinary circumstances. For the purpose of this section, “commercially unavailable” means a situation where only one manufacturer produces the disposable food service item for which the exemption is being sought.
d. 
The city manager shall consider the petition for waiver and issue a decision within 14 working days of submittal. A waiver may be granted for up to one year and may be renewed one or more times upon the submittal of a request demonstrating good cause. City manager’s decisions on waivers or extensions of waivers are final and not subject to appeal under this chapter.
e. 
Waivers granted due to a suitable compostable product being commercially unavailable shall apply citywide.
f. 
Public notice of products exempted by waiver shall be posted on the city’s official website.
E. 
Education and Outreach.
1. 
The city shall provide for the provision of education and outreach activities to inform food service establishments, consumers, and other interested individuals about the requirements of this chapter. Education and outreach should be designed to convey the purpose and requirements of this chapter, describe the actions necessary to be compliant with its provisions, and to minimize the need for formal enforcement action.
2. 
Such education will include a collaboration with the city’s authorized collection company and industrial composting facilities that process the city’s waste. The city will provide education on accepted compostable food service ware to both residents and food service establishments and will monitor both compost streams to address any contamination issues.
(Ord. 990 § 1 (Exh. A), 2023)
A. 
Prior to imposing penalties or taking other enforcement action, the city shall provide one or more written warnings to a food service establishment operating in violation of this chapter. The notice shall contain, at the minimum, a description of the item(s) provided in violation of this chapter, the code provisions that apply, information on how to achieve compliance, and the date by which compliance shall occur, which should not exceed 30 calendar days from the date of the warning.
B. 
If the food service establishment fails to achieve compliance within the time period provided in the warning notice, the city shall issue a notice and order imposing a civil penalty on the owner or operator of a food service establishment in the amount of $100.00. The penalty for a second or subsequent violation within one year of any previous violations shall be $250.00. Each calendar day of operation or activity in violation of this chapter continues is a separate offense.
C. 
The warning notice and notice and order shall be provided to the food service establishment by personal service or certified mail, return receipt requested.
D. 
The food service establishment may file a written appeal of a notice and order to the city hearing examiner. Appeals, and the appeal fee set forth in the fee schedule adopted pursuant to Chapter 3.01 SMC, must be received by the city clerk no later than 5:00 p.m. local time on the fourteenth calendar day following the date of the notice and order. All appeals shall comply with the form and content requirements set forth in the hearing examiner rules of procedure adopted pursuant to SMC § 2.15.070. The hearing examiner shall issue a final decision. Appeals of the hearing examiner’s decision shall be to superior court in accordance with state law.
(Ord. 990 § 1 (Exh. A), 2023)