Los Altos Hills Municipal Code Ch. 7 Expanded Polystyrene and Nonrecyclable Food Service Containers

The following words and phrases whenever used in this chapter shall be construed as defined in this section, unless the context indicates otherwise.

Disposable food service container

means a single-use disposable product used by food vendors for serving or transporting prepared and ready-to-consume food or beverages. This includes, but is not limited to, plates, cups, bowls, lids, trays, and hinged or lidded containers. Disposable food service container does not include single-use disposable straws, utensils, or hot cup lids.

Expanded polystyrene

means thermoplastic petrochemical material using the styrene monomer, marked with recycling symbol #6, processed by any number of techniques, including, but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection molding, form molding, and extrusion-blow molding (extruded foam polystyrene), sometimes incorrectly called Styrofoam®, a Dow Chemical Company trademarked form of polystyrene foam insulation. In food service, expanded polystyrene is generally used to make cups, bowls, plates, and trays.

Food vendor

means any establishment, club, group, or organization located or providing food within the Town of Los Altos Hills, which provides prepared food or beverages for public consumption on or off its premises including, but not limited to, any sales outlet, restaurant, cafeteria, caterer, vehicle, including mobile food vendors, or any other entity that provides prepared food.

Prepared food

means any food or beverage prepared for consumption using any cooking, packaging, or food preparation technique, including, but not limited to, cooking, chopping, slicing, mixing, freezing, squeezing, or brewing, and which requires no further preparation to be consumed. Prepared food includes uncooked fruits or vegetables and any take-out food, or food consumed off the food vendor's premises. Prepared food does not include any uncooked meat, poultry, fish, or eggs unless provided for consumption without further preparation.

Recyclable plastic

means all plastics that can be recycled, salvaged, composted, processed, or marketed by means other than land-filling or burning, whether as fuel or otherwise, so that they are returned to use by society. Recyclable plastics include any plastic which can be feasibly recycled by the Town's existing recycling program. For the purposes of this chapter, recyclable material does not include expanded polystyrene labeled with recycling symbol #6.

Town facilities

refers to any building, structure, or vehicle owned or operated by the Town of Los Altos Hills, its agents, departments, and franchises.

(§ 1, Ord. 534, eff. June 15, 2012)

(a) Except as provided by Section 6-7.03, food vendors are prohibited from providing prepared food in disposable food service containers made from expanded polystyrene or nonrecyclable plastic.

(b) Except as provided by Section 6-7.03, all Town facilities, Town managed concessions, Town sponsored events, and Town permitted events are prohibited from using disposable food service containers made from expanded polystyrene or nonrecyclable plastic.

(c) Nothing in this chapter shall be interpreted to restrict the use of any form of fiber or paper disposable food service container, or the use of any form of biodegradable or compostable plastic food service container that meets the definition of recyclable plastic in Section 6-7.01.

(§ 1, Ord. 534, eff. June 15, 2012)

(a) Foods prepared or packaged outside the Town are exempt from the provisions of this chapter. Purveyors of food prepared or packaged outside the Town are encouraged to follow the provisions of this chapter.

(b) Coolers and ice chests intended for reuse are exempt from the provisions of this chapter.

(c) The City Manager or designee may exempt a food vendor from the requirements of this chapter for a period of one year, upon a showing by the food vendor that the conditions of this chapter would cause an undue hardship. An "undue hardship" may include, but is not limited to, situations unique to the food vendor where there are no reasonable alternatives to expanded polystyrene or nonrecyclable plastic disposable food service containers and compliance with this chapter would cause significant economic hardship to that food vendor, or cause the food vendor to be deprived of a legally protected right.

(d) A food vendor seeking an exemption shall file a request in writing with the City Manager. A written exemption request shall include all information necessary for the City Manager to make a decision, including, but not limited to, documentation showing factual support for the claimed exemption. The City Manager may require the applicant to provide additional information to permit him or her to make a determination regarding the exemption application. The City Manager or designee may waive any specific requirement of this chapter for a period of not more than one year if the food vendor seeking the exemption has demonstrated that strict application of the specific requirement would cause undue hardship. A food vendor granted an exemption by the City must re-apply prior to the expiration of the one-year exemption period and demonstrate continued undue hardship if it wishes to have the exemption extended. Extensions may be granted for intervals not to exceed one year.

(e) Emergency Supplies and Service Procurement. In the event of an emergency, Town facilities, food vendors, Town franchises, contractors, and vendors doing business with the Town shall be exempt from the provisions of this chapter, provided that the City Manager deems the situation to be an emergency for the immediate preservation of the public peace, health, or safety.

(§ 1, Ord. 534, eff. June 15, 2012)

(a) The City Manager, or the City Manager's designee, shall have the primary responsibility for enforcement of this chapter. If the City Manager or designee determines that a violation of this chapter has occurred, he or she shall issue a written warning notice to the food vendor that a violation has occurred. Subsequent violations of the chapter by a food vendor shall be subject to the enforcement and penalties set forth below.

(b) Any person, firm, or corporation violating any of the provisions of this chapter is guilty of an infraction and will be subject to enforcement consistent with Chapter 1-2.06 of this Code. Any such person, firm, or corporation is guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued, or permitted.

(§ 1, Ord. 534, eff. June 15, 2012)

This chapter shall take effect on June 15, 2012.

(§ 1, Ord. 534, eff. June 15, 2012)