Belmont Municipal Code Art. II Disposable Food Service Ware

Footnotes:

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Editor's note— Ord. No. 2020-1154, § 2, adopted November 24, 2020, amended the title of Art. II to read as herein set out. The former Art. II title pertained to polystyrene food service ware.

(a) The production, management, and consumption associated with disposable food service ware, typically used for only a few minutes before being discarded, have significant environmental impacts, including environmental contamination; consumption of precious resources such as energy and water; emissions of greenhouse gases; air and water pollution; litter on streets; and plastic pollution in waterways and oceans.

(b) Disposable food service ware constitutes a substantial portion of the litter found within San Mateo County and the rest of the Bay Area. These types of food service ware are commonly littered or blown out of trash receptacles and migrate through the storm drain system where they eventually end up in the ocean and local beaches and creeks.

(c) Polystyrene is a petroleum-based, lightweight plastic material commonly used as food service ware by retail food vendors. Polystyrene, often referred to by the trademark, Styrofoam, has also become a problematic environmental pollutant given its non-compostable and nearly non-reusable nature.

(d) The most effective ways to reduce the negative environmental impacts of disposable food service ware include, in order of priority, using reusable food service ware; using natural-fiber based compostable materials, many made from renewable resources such as bamboo, wheat stalk/stem, and sugarcane that do not contain toxic chemicals; and recycling food service ware. When products are reused and recycled, natural resources are spared, less energy is used for the production of new products, and premium landfill space is preserved. When compostable products are turned into compost, they can reduce water use and lessen the need for fertilizer at the site where the compost is applied (e.g., gardens, yards, farm land, etc.), which can also lead to cost savings since less/no fertilizers need to be purchased.

(e) Compostable food service ware such as cups, plates, clamshell containers, and utensils are now made from paper, sugarcane stalk, bamboo, wheat stalk/straw, and other blends of natural plant fibers. As these products degrade, they pose less of a danger to the environment.

(f) Even with the emergence of compostable plastics, which are derived from renewable biomass sources such as plants and microorganisms, there are limited certified types of compostable plastic that biodegrade in a marine environment.

(g) Certain disposable food service ware, including compostable paperboard containers, may contain fluorinated chemicals, also known as per- and polyfluorinated alkyl substances (PFAS), which are synthetic chemicals commonly used in disposable food service ware to repel water and grease. Fluorinated chemicals pose a public health risk as they have been linked to serious health effects including kidney and testicular cancer, thyroid disruption, delayed puberty, and obesity.

(h) Plastics in waterways and oceans break down into smaller pieces, called microplastics, that do not biodegrade and are present in most of the world's oceans. Microplastics consumed by marine organisms make their way into animals' tissues and are beginning to show up in the fish that humans consume. Plastic debris also attracts and concentrates ambient pollutants in seawater and freshwater, which can transfer to fish and other seafood that is eventually sold for human consumption.

(i) Reduction of disposable food service ware in the environment will advance compliance with federal, state, and local clean water mandates, including the city's Municipal Regional Stormwater Permit requirement, by helping to reduce trash and litter in stormwater discharges.

(j) Understanding the importance of and need for reducing plastic litter, the city adopted a plastic bag ban ordinance in 2013. Adopting this ordinance will help further reduce the amount of litter entering the county's storm drains, creeks, the bay, and the ocean.

(k) The council does, accordingly, find and declare that it should restrict the use by food facilities of polystyrene-based disposable food service ware and require the replacement of non-compostable or non-recyclable disposable food service ware with compostable alternatives that are non-plastic, natural fiber-based, and free of all intentionally added fluorinated chemicals, when and where possible.

(l) The County of San Mateo has adopted a new chapter 4.107 in the County Ordinance Code regulating the use of disposable food service ware. Section 4.107.090 of the County's Ordinance Code authorizes the County Manager to enforce the regulations in the incorporated areas of the County if a city adopts San Mateo County Ordinance Code Title 4, Chapter 4.107 by reference and authorizes the Environmental Health Division to enforce the code.

(m) Adoption of San Mateo County Ordinance Code Title 4, Chapter 4.107 by the City of Belmont will reduce the amount of disposable food ware litter on City streets and sidewalks, and in storm drains and creeks, and reduce the amount of non-reusable, non-biodegradable waste generated in the City of Belmont.

(Ord. No. 1065, § 2, 7-10-2012; Ord. No. 2020-1154, § 3, 11-24-20)

(a) San Mateo County Ordinance Code Title 4, Chapter 4.107, entitled "Regulating the Use of Disposable Food Service Ware," as enacted by County of San Mateo Ordinance No. 4860, Section 2, is hereby adopted by reference under Government Code Section 50022.9, except as provided in subsection (d). Amendments to Chapter 4.107 as may be adopted by the Board of Supervisors will not be effective unless subsequently adopted by the city council in accordance with Government Code Section 50022.7.

(b) The City Clerk is directed to maintain at least one copy of Chapter 4.107 on file in the City Clerk's office for public inspection.

(c) The regulations set forth in San Mateo County Ordinance Code Chapter 4.107 as adopted by subsection (a) will be operative and enforced in the City of Belmont beginning October 1, 2022.

(d) The following sections in San Mateo County Ordinance Code Title 4, Chapter 4.107 are not adopted: 4.107.080(b), 4.107.080(c).

(Ord. No. 1065, § 2, 7-10-2012; Ord. No. 2020-1154, § 4, 11-24-20; Ord. No. 2022-1163, § 2, 3-22-22)

(a) Subject to such terms and conditions as may be required by the city manager, the County Manager for the County of San Mateo is authorized to administer and enforce San Mateo County Ordinance Code Title 4, Chapter 4.107, as adopted herein and when effective as provided in Section 31-11(c), within the City of Belmont, including issuing of administrative fines and holding hearings. The City Manager is authorized to execute agreements with the County necessary to implement the authority provided by this section.

(b) The authority provided by this section supplements all other authority of the City and shall not limit the authority of the City to enforce the regulations adopted by reference in Section 31-11.

(Ord. No. 1065, § 2, 7-10-2012; Ord. No. 2020-1154, § 5, 11-24-20)

For purposes of administration and enforcement by the City of Belmont, all references in San Mateo County Ordinance Code Title 4, Chapter 4.107 to the County Manager mean the City Manager.

(Ord. No. 1065, § 2, 7-10-2012; Ord. No. 2020-1154, § 6, 11-24-20)

(a) It is unlawful for a food facility to use disposable food ware in violation of the regulations adopted by Section 31-11.

(b) Violation of the regulations adopted by Section 31-11 is an offense that may be charged as set forth in Section 1-8.

(c) Violation of the regulations adopted by Section 31-11 may be remedied by any means available to remedy a violation of this Code. The remedies for violation of Section 31-11 are cumulative.

(d) Administrative fines issued under Chapter 30 for violation of the regulations adopted by Section 31-11 shall be as follows: $100 for a first violation, $200 for a second violation, and $500 for a third and subsequent violations.

(Ord. No. 1065, § 2, 7-10-2012; Ord. No. 2020-1154, § 7, 11-24-20)