Fairfax Municipal Code Ch. 8.16 Polystyrene Foam, Degradable and Recyclable Food Packaging

The Council finds as follows.

(A) California’s Integrated Waste Management Act requires all counties and cities in California to develop and implement programs to divert from the wastestream 25% of solid waste generated by 1995 and 50% by 2000; and solid waste that is non- degradable or non-recyclable poses an acute problem for any environmentally and financially responsible program of solid waste management.

(B) Products which are biodegradable or recyclable offer environmentally sound alternatives to non-biodegradable and non-recyclable products currently used. By decaying into their constituent substances, biodegradable products are less of a danger to the natural environment, and less of a permanent blight on the landscape.

(C) Take-out food packaging constitutes a major source of litter in Fairfax and contributes to the total amount of waste entering the town’s waste stream.

(D) Disposable plastic containers and wrappers used for take-out foods are essentially not biodegradable and, as waste, do not decompose over time in the natural environment; the use of these containers and wrappers has increased annually. Polystyrene foam litter, in particular, is highly durable, buoyant and non-biodegradable and therefore persists and detracts from the appearance of the area longer than many other types of litter.

(E) Plastic litter, including polystyrene foam, poses a potential threat to wildlife. It enters the marine and natural environment and is ingested by, or entangles, aquatic wildlife, frequently causing death and damages the ecological balance.

(F) Polystyrene foam is a petroleum processing by-product. Oil is a non-renewable resource, which can only be obtained by increasingly hazardous methods, such as off-shore drilling, which poses significant dangers to the environment. Alternative products which are degradable or recyclable pose far less overall hazards than continued and expanded reliance on oil-based products.

(G) It is in the interest of the health, safety and welfare of all who live, work and do business in the town that the amount of litter on the public streets, parks, waterways, public places and open spaces be reduced.

(H) Although the waste stream within Marin County is large and diverse, steps at the local level, no matter how small, can significantly support waste management programs in lieu of landfilling.

(I) The provisions of this chapter are consistent with the county’s Solid Waste Management Plan, and the legislative findings and intent of AB939.

(Prior Code, § 8.10.010) (Ord. 623, passed 11-2-1993 )

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CUSTOMER. Anyone purchasing food or beverages from a restaurant or retail food vendor.

FOOD PACKAGING. All bags, sacks, wrapping, containers, bowls, plates, trays, cartons, cups, straws and lids which are not intended for reuse, on or in which any foods or beverages are placed or packaged on a restaurant’s or retail food vendor’s premises.

FOOD VENDOR. Any restaurant or retail food vendor.

PERSON or ANYONE. Any natural person, firm, corporation, partnership or other organization or group however organized.

POLYSTYRENE FOAM. Any styrene or vinyl chloride polymer which is blown into a foam-like material.

POLYSTYRENE FOAM FOOD PACKAGING. Any food packaging which contains any polystyrene foam.

PREPARED FOOD. Foods or beverages which are prepared on the vendor’s premises by cooking, chopping, slicing, mixing, freezing or squeezing.

RESTAURANT. Any establishment located within the Town of Fairfax, selling prepared food to be eaten on or about its premises by customers. RESTAURANT includes a sidewalk food vendor.

RETAIL FOOD VENDOR. Any store, shop, sales outlet or other establishment, including a grocery store or a delicatessen, other than a restaurant, located within the Town of Fairfax, which sells take-out food.

TAKE-OUT FOOD. Foods or beverages which are prepared on the vendor’s premises by cooking, chopping, slicing, mixing, freezing or squeezing, and which are intended for consumption off the food vendor’s premises.

TOWN or TOWN OF FAIRFAX. All that territory within the incorporated area of the Town of Fairfax, County of Marin, State of California.

(Prior Code, § 8.10.020) (Ord. 623, passed 11-2-1993 )

(A) Restaurants. Except as provided in §§ 8.16.050 and 8.16.060, no restaurant shall provide prepared food to its customers in any polystyrene foam food packaging, nor shall any restaurant purchase, obtain or keep any polystyrene foam food packaging for such purpose.

(B) Retail food vendors. Except as provided in §§ 8.16.050 and 8.16.060, no retail food vendor shall sell take-out food in any polystyrene foam take-out food packaging, nor shall any retail food vendor purchase, obtain or keep any polystyrene foam packaging for this purpose.

(C) For public health and safety purposes, the sale of polystyrene (EPS) foam coolers and ice chests is prohibited within the Town of Fairfax. Coolers and ice chests that do not have exposed polystyrene foam and that are designed for reuse are exempt from the provisions of this chapter.

(Prior Code, § 8.10.030) (Ord. 623, passed 11-2-1993; Am. Ord. 877, passed 4-5-2023)

(A) It shall be unlawful for any food vendor to make any misstatement of material fact to the Town Manager or his or her agents regarding the use or non-use of polystyrene foam to package any food prepared on their premises.

(B) Food vendors shall state that they are in compliance with this chapter on their annual business license renewal forms.

(Prior Code, § 8.10.040) (Ord. 623, passed 11-2-1993)

The Town Manager may exempt a retail food vendor or restaurant from the requirements of the provisions of this chapter for a one-year period; and subsequent exemptions may be granted by action of the Town Council, upon a showing by the applicant that the conditions of this chapter would cause undue hardship. The phrase "undue hardship" may be construed to include, but not be limited to:

(A) Situations where there are no acceptable alternatives to polystyrene foam food packaging for reasons which are unique to the retail food establishment.

(B) Situations where compliance with the requirements of this chapter would deprive a person of a legally protected right.

(Ord. 623, passed 11-2-1993)

Food packaging required to be purchased under a contract entered into prior to the effective date of the initiative measure is exempt from the provisions of this chapter.

(Ord. 623, passed 11-2-1993)

(A) The Town of Fairfax shall not purchase any polystyrene foam food packaging, nor shall any town- sponsored event use the packaging.

(B) No organization using the Town of Fairfax premises or facilities shall use polystyrene foam food packaging while using Town of Fairfax premises or facilities.

(Prior Code, § 8.10.050) (Ord. 623, passed 11-2-1993)

The Town Manager is authorized to promulgate regulations and to take any and all other actions reasonable and necessary to enforce this chapter, including, but not limited to, inspecting any vendor's premises to verify compliance.

(Ord. 623, passed 11-2-1993)

(A) Anyone violating or failing to comply with any of the requirements of this chapter shall be guilty of an infraction as set forth in Chapter 1.08 of the Fairfax Town Code.

(B) The Town Attorney may seek legal, injunctive, or other equitable relief to enforce this chapter.

(C) The remedies and penalties provided in this section are cumulative and not exclusive.

(Ord. 623, passed 11-2-1993)

The provisions of this chapter are declared to be severable and if any provision, sentence, clause, section or part of this chapter is held illegal, invalid, unconstitutional or inapplicable to any person or circumstances, the illegality, invalidity or unconstitutionality or inapplicability shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this chapter or their application to persons and circumstances.

(Prior Code, § 8.10.060) (Ord. 623, passed 11-2-1993)

The provisions of this chapter shall be null and void on the day that California statewide legislation or federal legislation goes into effect, incorporating either the same or substantially similar provisions as are contained in this chapter, or in the event that a pertinent California state or federal administrative agency issues and promulgates regulations, preempting the action by the Town of Fairfax. The Town Council shall determine, by ordinance, whether or not identical or substantially similar statewide legislation has been enacted for the purposes of triggering the provisions of this section.

(Prior Code, § 8.10.070) (Ord. 623, passed 11-2-1993)