Mendocino County Municipal Code Ch. 9.42 Disposable Food Ware

As used herein, the following definitions shall apply:

"Biodegradable" means that a material or substance has the ability to decompose into natural biological elements within a reasonable time as a result of bacterial action.

"County" means all that unincorporated territory within the County of Mendocino.

"County Facilities" means any building, structure, or vehicles owned or operated by the County of Mendocino, its agent, agencies, departments and franchisees.

"County Facility Food Provider" means any entity that provides Prepared Food in County facilities.

"County Contractors and Lessees" means any person or entity that has a contract with the County for public works or improvements to be performed, for a franchise, concession or lease of property, for grant monies or goods and services or supplies to be purchased at the expense of the County or to be paid out of monies deposited in the Treasury or out of trust monies under the control or collected by the County.

"Disposable Food Service Ware" or "Takeout Food Ware" includes all containers, bowls, plates, trays, cartons, cups, lids, straws, stirrers, forks, spoons, knives, napkins, and other items designed for one-time use for prepared foods, including without limitation, service ware for food that may be removed from the premises for consumption elsewhere. The term "Disposable Food Service Ware" does not include items composed entirely of aluminum or glass, California Redemption Beverage Containers, or polystyrene foam coolers and ice chests that are intended for reuse.

"Food Provider" means any business, organization, entity, group or individual, including Retail Food Establishments, located in the unincorporated sections of the County that offers food or beverage to the public.

"Polystyrene Foam" means blown polystyrene and expanded and extruded foams which are thermoplastic, petrochemical materials utilizing a styrene monomer and processed by any number of techniques including, but not limited to, fusion of polymer spheres(expandable bead polystyrene), injection molding, foam molding, and extrusion-blown molding. Polystyrene foam is generally used to make cups, bowls, plates, trays, clamshell containers, meat trays, and egg cartons.

"Prepared Food" means food or beverages, which are served, packaged, cooked, chopped, sliced, mixed, brewed, frozen, squeezed, or otherwise prepared on the Food Provider's premises or within the unincorporated sections of the County for individual customers. For purposes of this Ordinance, Prepared Food includes takeout food but does not include packaged raw, butchered meats, fish, and/or poultry sold from a butcher case or similar retail appliance. Prepared Food may be eaten either on or off the premises.

"Retail Food Establishment" means any sales outlets, stores, shops, vehicles, or other places of business located within the County which operates primarily to sell or convey foods or beverages directly to the ultimate consumer. Retail food establishment shall include, but is not limited to, any place where food is prepared, mixed, cooked, based, smoked, preserved, bottled, packaged, handled, stored, manufactured and sold or offered for sale, including any fixed or mobile restaurant, drive-in, coffee shop, cafeteria, delicatessen, sandwich shop, hotel, motel, movie house, theatre, bed and breakfast inn, tavern, bar, cocktail lounge, nightclub, roadside stand, takeout prepared food place, industrial feeding establishment, catering kitchen, commissary, grocery store, public food market, produce stand, food stand or similar place in which food or drink is prepared for sale or for service; and any organization or individual which provides food or beverage as part of its service or in conjunction with a special event it sponsors.

(Ord. No. 4328, § 2, 7-22-2014)

(A) Retail Food Establishments and Food Providers may not sell, hand out, give away, distribute, or otherwise make available for public or customer use Prepared Food in Disposable Food Service Ware that contains Polystyrene Foam.

(B) County Facility Food Providers may not provide Prepared Foods in Disposable Food Service Ware that contains Polystyrene Foam.

(C) County Departments may not purchase, acquire, or use Disposable Food Service Ware that contains Polystyrene Foam.

(D) County Contractors and Lessees may not use Disposable Food Service Ware that contains Polystyrene Foam in County facilities and while performing under a County contract or lease.

(Ord. No. 4328, § 2, 7-22-2014)

It is the policy of the County to promote and encourage, on a voluntary basis, the use of alternatives to Polystyrene Foam in non-food applications such as cushioning in shipping boxes or packages.

(Ord. No. 4328, § 2, 7-22-2014)

It is the policy of the County to promote and encourage, on a voluntary basis, the use of biodegradable Disposable Food Service Ware by Retail Food Establishments in order to lessen the environmental harm of Disposable Food Service Ware that becomes litter.

(Ord. No. 4328, § 2, 7-22-2014)

(A) The Mendocino County Environmental Health Director or designee shall have primary responsibility for enforcement and shall have the authority to issue citations for violations of this Chapter. The Director, or his/her designee, shall issue a written warning for the first violation, and shall levy a fine not exceeding one hundred dollars ($100.00) for the second violation within one (1) year of the first warning, and shall levy a fine not exceeding five hundred dollars ($500.00) for each subsequent violation.

(B) Any "Food Provider" as defined herein, violating or failing to comply with the requirements of this Chapter shall be guilty of an infraction. If charged as an infraction, upon conviction thereof, said individual or entity shall be punished for the first offense by a fine of not more than one hundred dollars ($100.00) for a first violation; not more than five hundred dollars ($500.00) for each subsequent violation in the first year.

(C) The County Counsel may seek legal, injunctive, or any other relief to enforce this Chapter.

(D) The Mendocino County Environmental Health Director or designee may inspect any Retail Food Establishment premises to verify compliance with this Ordinance.

(Ord. No. 4328, § 2, 7-22-2014)

Any person may seek a waiver from the requirements of Section 9.42.020 of this Chapter by filing a request on a form specified by the Environmental Health Director, or his/her designee. The Director, or designee, may waive any specific requirement of Section 9.42.020 of this Chapter for a period of up to one (1) year if the person seeking the waiver has demonstrated that strict application of the specific requirement would create an undue hardship or practical difficulty not generally applicable to other persons in similar circumstances. The Environmental Health Director's (or designee's) decision to grant or deny a waiver shall be in writing and shall be final.

(Ord. No. 4328, § 2, 7-22-2014)

This Ordinance shall go into full force and effect March 1, 2015.

(Ord. No. 4328, § 2, 7-22-2014)

If any section, subsection, sentence, clause, or phrase of this Chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Chapter.

(Ord. No. 4328, § 2, 7-22-2014)