Laguna Woods Municipal Code Ch. 4.23 Prohibition on Use of Expanded or Extruded Polystyrene Food Service Ware

The purpose of this chapter is to:

(1) Establish standards and procedures for minimizing environmental waste and promoting litter reduction; and

(2) Promote environmentally sustainable practices throughout the City, by prohibiting the use of single-use polystyrene foam food service ware.

(Ord. No. 12-06, § 1, 6-20-2012)

(a) City facilities means any building, structure, park or vehicle owned, leased or operated by the City of Laguna Woods, its agents, agencies, departments, and franchisees.

(b) Customer means any person obtaining prepared food from a restaurant or retail food vendor.

(c) Disposable food service ware means all containers, trays, cartons, cups, utensils and other items that are designed for one-time use and on, or in, which any restaurant or retail food vendor directly places or packages prepared foods or which are used to consume foods. This includes, but is not limited to, service ware for takeout foods and/or leftovers from partially consumed meals prepared at restaurants or retail food vendors such as plates, cups, bowls, utensils, lids, trays, and hinged or lidded containers. This does not include polystyrene foam coolers and ice chests that are intended for reuse.

(d) Polystyrene foam means a thermoplastic petrochemical material utilizing the styrene monomer, processed by any number of techniques, including but not limited to, fusion of polymer spheres (expandable bead polystyrene or EPS), injection molding, form molding and extrusion-blow molding (extruded foam polystyrene or XPS).

(e) Food vendor means any commercial or non-commercial establishment or organization located or operating within the City of Laguna Woods which provides prepared and ready-to-consume food or beverages, including but not limited to any store, supermarket, delicatessen, restaurant, retail food vendor, sales outlet, shop, cafeteria, organization, club, charitable or religious group, catering truck or vehicle, sidewalk or other outdoor vendor, or caterer. "Food vendor" does not include caterers providing delivered food directly to individual residences.

(f) Prepared food means food or beverages which are served, packaged, cooked, chopped, sliced, mixed, brewed, frozen, squeezed, or otherwise prepared on the food vendor's premises within the City of Laguna Woods with the intent of consumption on or off the premises, either as "takeout food" or "to go food", or as the balance of an unfinished meal or prepared food serving. For the purposes of this chapter, "prepared food" does not include raw, butchered, ground, chopped, or sliced meats, fish, and/or poultry sold from a butcher case or similar retail appliance for subsequent preparation.

(g) Restaurant shall have the same meaning as set out in Laguna Woods Municipal Code section 13.06.010.690.

(h) Retail food vendor means any store, shop, sales outlet, or other establishment, including a grocery store or a delicatessen, other than a restaurant, located within the City of Laguna Woods that provides prepared food.

(Ord. No. 12-06, § 1, 6-20-2012)

(a) Except as provided by Section 4.23.040, food vendors are prohibited from providing prepared food for consumption in or with disposable food service ware made of polystyrene foam.

(b) Except as provided by Section 4.23.040, the use of disposable food service ware made of polystyrene foam is prohibited at all City facilities, City-managed concessions, City-sponsored or co-sponsored events, and City permitted events, and all franchisees, contractors, and vendors doing business with the City are prohibited from using disposable food service ware made of polystyrene foam within the City of Laguna Woods.

(Ord. No. 12-06, § 1, 6-20-2012)

(a) The City Manager or his/her designee may exempt a retail food vendor or restaurant from the requirements of this chapter for a one-year period, upon written request by an applicant that the conditions of the chapter would cause an undue hardship. The City Manager or his/her designee shall prepare a written decision to grant or deny a one-year exemption, which decision shall be final.

(b) An "undue hardship" may consist of:

(1) Situations unique to the applicant where there are no reasonable alternatives to polystyrene foam food service ware, and compliance with the Chapter would cause a severe economic hardship to that applicant; or

(2) Situations where no reasonably feasible available alternative exists to a specific and necessary polystyrene foam product.

(c) A retail food vendor or restaurant granted an exemption must reapply in writing prior to the end of the one-year exemption period and demonstrate continued undue hardship, if it wishes to have the exemption extended.

(d) An exemption application shall include all information necessary for the making of a decision on the application, including but not limited to documentation showing the factual support for the claimed exemption. The applicant may be required to provide additional information to permit the determination of facts regarding the exemption application.

(e) An exemption application may be approved in whole or in part, with or without conditions.

(f) The City Manager or his/her designee may also determine to exempt from the requirements of this Chapter, the procurement, offer, or use of supplies or services in the event of a proclaimed emergency or when otherwise deemed necessary by the City Manager for the immediate preservation of the public health, safety, or general welfare.

(Ord. No. 12-06, § 1, 6-20-2012)

(a) Any violation of this chapter shall be enforced through the Administrative Citation Program set forth in Chapter 1.06 of the City of Laguna Woods Municipal Code.

(b) Each and every day that disposable food service ware made of polystyrene foam is provided shall constitute a separate violation of this Chapter.

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

(d) The remedies and penalties provided in this chapter are cumulative and not exclusive of one another.

(Ord. No. 12-06, § 1, 6-20-2012)

This chapter will become effective on July 1, 2013.

(Ord. No. 12-06, § 1, 6-20-2012)

Nothing in this chapter shall be interpreted or applied so as to create any requirement, power, or duty in conflict with any Federal or State law.

(Ord. No. 12-06, § 1, 6-20-2012)