Arcata Municipal Code Art. 3 Foodware Waste Reduction

The City Council of the City of Arcata finds and declares the following:

A. The City has established waste reduction, greenhouse gas reduction and stormwater pollution prevention goals to conserve resources, reduce GHG emissions, waste, litter and marine pollution to protect public health and safety, the City’s natural environment, and wildlife, all of which increase the quality of life for residents and visitors.

B. Effective ways to reduce waste, litter and marine pollution is to encourage the use of reusable, recyclable, and biodegradable packaging materials. Biodegradable products decay, causing less harm to the environment and the landscape of the City than non-biodegradable disposable products.

C. Polystyrene foodware, often referred to by the trademark term "Styrofoam," is highly durable, buoyant, lightweight and non-biodegradable; is easily windblown, and can become litter even when placed into trashcans. Once in the environment, these wastes persist and detract from the appearance of the area, and pollute waterways and Humboldt Bay longer than many other types of litter.

D. Styrene, a component of polystyrene, is a known hazardous substance that medical evidence and the Food and Drug Administration suggest leaches from polystyrene containers into food and drink; and, is a suspected carcinogen and neurotoxin which potentially threatens human health.

E. The California Integrated Waste Management Board estimates that Californians use one hundred sixty-five thousand (165,000) tons of expanded polystyrene (foam and Styrofoam® products) each year for packaging and food service purposes. A 2004 study by the Waste Management Board ranked the environmental impacts from both the manufacturing and disposal of polystyrene second highest after aluminum in the categories of energy consumption, greenhouse gas emissions and total environmental effect.

F. Prohibiting the use of polystyrene foodware and replacing it with foodware that is reusable, biodegradable, compostable or recyclable; and, restricting the use of polystyrene products that are not wholly encapsulated or encased by a more durable material will protect local waterways, Humboldt Bay and will support the City’s goal of reducing waste and litter.

G. Single use disposable foodware, Accessory foodware and packaging (SUDs), including plates, cutlery, cups, lids, straws, "clamshells" and other containers, are intended to be used once before being discarded and is a major contributor to street litter, ocean pollution, marine and other wildlife harm and greenhouse gas emissions.

H. The production, consumption and disposal of SUDs contributes significantly to the depletion of natural resources, and plastics in waterways and oceans break down into smaller pieces that are not biodegradable, and are present in most of the world’s oceans.

I. Among other hazards, plastic debris attracts and concentrates ambient pollutants in seawater and freshwater, which can transfer to fish, other seafood and salt that is eventually sold for human consumption. SUDs can also contain harmful fluorinated chemicals that are linked to serious health conditions.

J. The City of Arcata adopted a Zero Waste Action Plan in 2017, with provisions designed to help the City reach its goal of ninety percent (90%) diversion of materials from landfills and incinerators by 2027. Reduction of SUDs furthers this goal.

K. This Article is consistent with the City of Arcata 2006 GHG Reduction Plan, and the California Department of Resources, Recycling and Recovery (CalRecycle) recycling and waste disposal regulations contained in Titles 14 and 27 of the California Code of Regulations. (Ord. 1440, eff. 6/19/2015; Ord. 1527, eff. 3/6/2020. Formerly 5477)

A. The following prohibitions shall be effective:

1. Food Vendors, Food Providers, Food Service Establishments, Restaurants, and Retail Stores are prohibited from providing Prepared Food to Customers in Polystyrene Foodware.

2. Polystyrene Foodware shall not be sold or provided by any Food Vendor or Event Promoter in the City of Arcata, unless it is wholly encapsulated or encased within a more durable material, as exempted in subsection (B)(4) of this Section. This specifically includes, but is not limited to, cups, plates, bowls, clamshells and other products intended primarily for food service use, as well as coolers, containers and, ice chests.

3. No Polystyrene Foodware may be used in any City Facilities. All individuals, entities or organizations using City Facilities for public or private events shall comply with the requirements in this Article.

4. No City department may purchase or acquire Polystyrene Foodware for use at City Facilities, for City events or otherwise in the conduct of City business.

5. All rental agreements to use any City Facility shall require contracting parties to prevent the use or distribution of Polystyrene Foodware in the City Facility. The agreement shall provide that the contractor’s security deposit will be forfeited if the City Manager determines that Polystyrene Foodware was utilized in violation of the rental agreement.

6. The City may not sponsor or co-sponsor events at which Polystyrene Foodware is used or distributed by Event Promoters, Food Vendors and any other party (including nonprofit organizations) which enters into an agreement with the Event Promoter to sell Prepared Food at or provide service to the event. The City’s monetary contribution to such event shall be refunded to the City if the City Manager determines that Polystyrene Foodware was used at the event in violation of this prohibition.

7. Violation of the requirements set forth in this Article shall subject the Food Vendor to penalties as set forth in this Article.

B. The following items or activities are exempt from the prohibitions in this Article:

1. Prepackaged food that arrives at the premises of the Food Vendor in a container or wrapper and is not removed from the container or wrapper before its sale or distribution (e.g., ramen noodles in a Polystyrene cup or pre-packaged dried fruit or vegetables sold at a grocery store).

2. City Facilities, Food Providers, City franchisees, contractors and Vendors doing business with the City in situations deemed by the City Manager or his/her designee to be an emergency, and procuring and distributing emergency supplies and services for the immediate preservation of the public health, safety, and welfare.

3. Medical supplies and services.

4. Products made from Polystyrene that is wholly encapsulated or encased by a more durable material. Examples include surfboards, boats, life preservers, and craft supplies which are wholly encapsulated or encased by a more durable material, and durable coolers not principally composed of Polystyrene/plastic foam.

5. Construction products made from Polystyrene if the products are used in compliance with Title VII, Chapter 5, Stormwater Management, and used in a manner that prevents the Polystyrene from being released into the environment.

6. Waivers. Any Food Vendor, Food Provider, Food Service Establishment, and Retail Store may petition the Director of Environmental Services for a full or partial waiver of the requirements of this Section if the owner or operator demonstrates that application of this Section would create undue hardship or practical difficulty for the establishment not generally applicable to other similar establishments in similar circumstances. (Ord. 1440, eff. 6/19/2015; Ord. 1527, eff. 3/6/2020. Formerly 5477.2)

A. Accessory Foodware items shall be provided only upon request by the Customer or at self-serve stations, except that disposable cups for delivery by a Food Vendor or Food Provider may include tops, spill plugs, and sleeves without request.

B. Food Vendors and Food Providers must provide options for Customers to affirmatively request Accessory Foodware items separate from orders for food and beverages across all ordering/point of sale platforms, including but not limited to web, smart phone and other digital platforms, telephone and in-person.

C. Food Vendors and Food Providers that customarily offer straws shall maintain a supply of straws which meet the Disposable Foodware Standards set forth in Section 5448.6, which may be provided to customers upon specific request for a straw.

D. Food Vendors and Food Providers offering condiments are encouraged to use dispensers rather than pre-packaged disposable condiment packets. (Ord. 1527, eff. 3/6/2020)

A. Customers may provide their own Reusable Foodware for beverage and food service in accordance with the California Health and Safety Code. Food Vendors and Food Providers may refuse, at their sole discretion, any customer-provided Reusable Foodware that is cracked, chipped or corroded, appears inappropriate in size, material, or condition for the intended beverage or food item, or that appears to be excessively soiled or unsanitary. If the Customer provided Reusable Foodware is rejected, the Food Vendor or Food Provider may instead require use of Reusable Foodware for consumption on the premises of the Food Service Establishment, or use of a Disposable Foodware item for a beverage or food item to be consumed off the premises of the Food Service Establishment, together with any fee charge as specified pursuant to Section 5478.4(C). (Ord. 1527, eff. 3/6/2020)

A. Takeout Food shall only be served in Foodware that conforms to the Disposable Foodware Standards at Section 5478.6.

B. Accessory Foodware shall conform with the Disposable Foodware Standards at Section 5478.6.

C. Food Vendors and Food Providers shall charge Customers twenty-five cents ($0.25) for the Disposable Foodware provided. In addition, Food Vendors and Food Providers shall provide a minimum twenty-five-cent ($0.25) discount for Customers who bring their own Reusable Foodware for Take-out Food. Food Vendors or Food Providers may provide a larger discount at their own discretion.

1. Income from the charge shall be retained by the Food Vendor or Food Provider.

2. 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, or an electronic benefit transfer card (EBT) issued pursuant to Section 10072 of the California Welfare and Institutions Code, shall be exempt from the Disposable Foodware charge.

3. Charges for Disposable Foodware shall be identified separately on any receipt provided to the customer. Customers placing orders by telephone shall be informed verbally of Disposable Foodware charges. (Ord. 1527, eff. 3/6/2020)

A. All food served for consumption on the premises of a Food Service Establishment shall be served using Reusable Foodware, except that disposable paper food wrappers, foil wrappers, paper napkins, straws and paper tray and plate liners shall only be allowed for dining on premises, provided they meet the Disposable Foodware Standards at Section 5478.6.

B. Zoning permits and business licenses for Food Vendors applied for, renewed and/or deemed complete on or after the effective date of this Ordinance shall only be granted to Food Vendors that demonstrate compliance with subsection (A) of this Section. Installation and/or maintenance of appropriate dishwashing capacity in conformance with Section 5478.8(A) shall be included as a specific condition of approval for such permits and licenses. (Ord. 1527, eff. 3/6/2020)

A. All Disposable Foodware, including Accessory Foodware, shall be Compostable as defined in Section 5476(F).

B. The City of Arcata City Council may add or remove standards for specific Foodware products via resolution.

C. The City of Arcata shall maintain on its website a list of suppliers that offer Disposable Foodware that complies with this standard and shall be updated regularly. (Ord. 1527, eff. 3/6/2020)

A. The City of Arcata shall not purchase any Disposable Foodware that does not comply with the Disposable Foodware Standards at Section 5478.6, nor shall any City-sponsored event utilize non-compliant Foodware. (Ord. 1527, eff. 3/6/2020)

A. Food Vendors, Food Providers, Food Service Establishments, or Retail Stores that do not have on-site or off-site dishwashing capacity or are unable to contract for services to wash, rinse, and sanitize Reusable Foodware in compliance with the California Health and Safety Code may request a waiver or partial waiver.

1. All Disposable Foodware used on the premises of a Food Service Establishment operating under full or partial waivers obtained shall conform to the Disposable Foodware Standards in Section 5478.6.

B. Any Food Vendor, Food Provider, Food Service Establishment, and Retail Store may petition the Director of Environmental Services for a waiver or waivers for specific Disposable Foodware items that the City of Arcata has not exempted if the owner or operator documents and demonstrates the following:

1. No Disposable Foodware item exists with substantially similar size, performance, and/or utility that conforms with the Disposable Foodware Standards at Section 5478.6 or, if such an item exists, the purchase of such item would cost two hundred percent (200%) more than the purchase of a non-conforming Disposable Foodware item.

2. The non-conforming Disposable Foodware item to be used in lieu of a conforming item is Recyclable in the City of Arcata Recyclable collection program.

C. The Director of Environmental Services or his or her agents shall act on a waiver application no later than one hundred eighty (180) days after receipt of such application, including mailing written notification of the Director’s decision to the address supplied by the applicant.

D. Waivers may be granted for a specified period of up to two (2) years. During the waiver period, the owner or operator shall make diligent efforts to become compliant. (Ord. 1527, eff. 3/6/2020)

A. The following items or activities are exempt from the prohibitions in this Article:

1. Disposable Foodware composed entirely of aluminum.

2. Pre-packaged food that arrives at the premises of the Food Vendor in a container or wrapper and is not removed from the container or wrapper before its sale or distribution.

B. The City of Arcata City Council may exempt other materials and specific Foodware product types by resolution.

1. The non-conforming Disposable Foodware item to be used in lieu of a conforming Disposable Foodware item is Recyclable in the City of Arcata Recyclable collection program. (Ord. 1527, eff. 3/6/2020)

A. The Director of Environmental Services shall have primary responsibility for enforcement of this Article. The Director is authorized to establish regulations and to take any and all actions reasonable and necessary to obtain compliance with this Article, including, but not limited to, inspecting the premises of any Food Vendor, Food Provider, Food Service Establishment, Restaurant, and Retail Store to verify compliance.

B. Violations of Sections 5478.3 – 5478.9 shall be enforced beginning January 1, 2021. Violations of all other provisions of this Article are subject to enforcement at all times.

C. Any person who violates this Article shall be considered guilty of an infraction for each offense and subject to those penalties as established by the City Council.

D. Any violation of the Article is subject to the recovery of administrative penalties pursuant to California Government Code, Section 53069.4, and pursuant to Title I, Chapter 3 of the Arcata Municipal Code.

E. The City of Arcata may seek legal, injunctive, or other equitable relief to enforce this Chapter.

F. The remedies and penalties provided in this Section are cumulative and not exhaustive, and nothing in this Article shall preclude the City of Arcata from pursuing any other remedy provided by law. (Ord. 1440, eff. 6/19/2015; Ord. 1527, eff. 3/6/2020. Formerly 5477.3)