Chapter 6.10 — REUSABLE FOODWARE ORDINANCE

(a)

"Approved compostable" means that an item or product intended for disposal after one use and is: made of natural fiber. In the event that a natural fiber product is not available, "approved compostable" means a product that is (1) BPI Certified or (2) has other third-party product certification approved by the community development director or their designee to ensure the item is free of harmful chemicals including, but not limited to, fluorinated chemicals, that may have been used in foodware manufacture. For purposes of this definition, "fluorinated chemical" means a class of fluorinated organic compounds containing at least one fully fluorinated carbon atom, also known as perfluoroalkyl (PFOA) and poly-fluoroalkyl (PFOS) substances, or PFAS chemicals. For purposes of this definition, "natural fiber" means a plant-based, non-synthetic fiber, including, but not limited to, paper, wood, bamboo, palm leaf, wheat straw, or sugarcane, with no plastic.

(b)

"Consumer" has the same meaning as in Section 113757 of the Health and Safety Code.

(c)

"Food facility" has the same meaning as in Section 113789 of the Health and Safety Code, but does not include: (1) healthcare facilities or facilities owned or operated by a health care service plan, (2) residential care facilities, and (3) public or private school cafeterias. Food facilities shall not include a church, private club, or other nonprofit association that gives or sells food to its members and guests, and not to the general public, at an event that occurs not more than six (6) days in any 90-day period.

(d)

"Foodware" means all containers, bowls, plates, food trays, cups, lids, boxes, napkins, and other like items that are used for ready-to-eat food, including without limitation, foodware for takeout foods and/or leftovers from partially consumed meals prepared for on-premises dining.

(e)

"On-premises dining food facility" means a food facility that has occupancy for more than fifteen persons to dine on-site.

(f)

"Ready-to-eat food" has the same meaning as in Section 113881 of the Health and Safety Code.

(g)

"Recycled paper bag" means a paper carryout bag provided by a food facility to a consumer at the point of sale that meets the requirements of California Public Resources Code Section 42280.

(h)

"Single-use" means designed to be used once and then discarded, and not designed for repeated use and sanitizing.

(i)

"Single-use foodware accessory" means all of the following single-use items provided alongside ready-to- eat food:

(1)

Utensils, which is defined as forks, knives, spoons, and sporks.

(2)

Chopsticks.

(3)

Condiment cups and packets.

(4)

Straws.

(5)

Stirrers.

(6)

Splash sticks.

(7)

Cocktail sticks.

(j)

"Standard condiment" means relishes, spices, sauces, confections, or seasonings that require no additional preparation and that are usually used on a food item after preparation, including ketchup, mustard, mayonnaise, soy sauce, hot sauce, salsa, salt, pepper, sugar, and sugar substitutes.

(k)

"Third-party food delivery platform" has the same meaning as in Section 113930.5 of the Health and Safety Code.

(l)

"Town-sponsored event" means an event for which the sponsor has received a special event permit, pursuant to Chapter 12.48 of this municipal code.

(Ord. No. 1030, § II, 10-3-2023; Ord. No. 1057, § 2, 1-20-2026)

(a)

On-premises dining food facilities shall not provide any single-use foodware, foodware accessory or standard condiment packaged for single use to a consumer.

(b)

On-premises dining facilities may offer standard condiments using refillable self-service dispensers.

(Ord. No. 1030, § II, 10-3-2023)

(a)

Food facilities selling ready-to-eat food for consumption off the premises:

(1)

Shall provide ready-to-eat food in foodware composed entirely of glass, aluminum, or approved compostable materials, unless the ready-to-eat food is packaged outside of the County of Marin.

(2)

Shall provide single-use foodware accessories:

(A)

Only upon request of the consumer or at self-serve stations; and

(B)

Only if the foodware accessories are composed of approved compostable materials.

(3)

Shall use recycled paper bags, for ready-to-eat food for consumption off the premises.

(4)

May make standard condiments available to a consumer using refillable self-service dispensers.

(b)

Food facilities that use any third-party delivery platform for ready-to-eat food delivery, shall customize their menu with a list of available single-use foodware accessories and standard condiments. The food facility shall provide only those single-use foodware accessories or standard condiments selected by the consumer. If the consumer does not select any single-use foodware accessories or standard condiments, the food facility shall not provide any foodware accessories or standard condiments.

(Ord. No. 1030, § II, 10-3-2023; Ord. No. 1057, § 2, 1-20-2026)

(a)

A third-party food delivery platform shall not provide single-use foodware accessories or standard condiments.

(b)

Notwithstanding subsection (a) of this section, a third-party delivery platform may provide beverage lids, spill plugs, and sleeves without a request by the consumer.

(Ord. No. 1030, § II, 10-3-2023)

(a)

Food facilities that serve food at town facilities and town-sponsored events shall comply with Sections 6.10.020, for on-premises dining, and 6.10.030, for consumption of food off the premises.

(b)

As of the effective date of this chapter, all town contracts, lease agreements, permits or other agreements that involve the provision of food by food facilities at town facilities or town-sponsored events shall incorporate the requirements of this chapter.

(Ord. No. 1030, § II, 10-3-2023)

(a)

Foodware and foodware accessories composed entirely of aluminum are not restricted under this chapter.

(b)

Should foodware or foodware accessories made of approved compostable material not be available, the community development director of their designee may approve, in writing, a temporary exemption of specific nonreusable foodware or foodware accessories items until they are made commercially available. The decision of the Community Development Director, or their designee, shall be final.

(c)

For the immediate preservation of the public peace, health, or safety due to an emergency or natural disaster, the town manager, or designee, may exempt food vendors, contractors, and vendors doing business with the town, from the provisions of this chapter.

(Ord. No. 1030, § II, 10-3-2023)

(a)

Violations of this chapter shall be subject to administrative citations as provided in Chapter 9.05 of this code.

(b)

Enforcement shall include written notice of non-compliance and a reasonable opportunity to correct, prior to issuance of any administrative citation.

(Ord. No. 1030, § II, 10-3-2023)

Editor's note— Ord. No. 1057, § 2, January 20, 2026, repealed § 6.10.080, which pertained to Effective date and derived from Ord. No. 1030, § II, 10-3-2023.