Morgan Hill Municipal Code Ch. 8.56 Environmentally Acceptable Food Containers and Service Ware

Unless otherwise expressly stated, whenever used in this chapter, the following terms shall have the meanings set forth below:

A. "Customer" means a person obtaining prepared food from a food provider.

B. "Food container" means a container that is used, or is intended to be used, to hold prepared food. "Food container" includes, but is not limited to, a cup, bowl, plate, tray, carton, or clamshell container that is intended for single use.

C. "Food provider" means any vendor, business, organization, entity, group or individual operating in the City of Morgan Hill that offers food or beverages to the public for consumption on or off premises, regardless of whether there is a charge for the food. "Food provider" includes, but is not limited to, food providers operating restaurants, retail food establishments, caterers, cafeterias, stores, shops, sales outlets, grocery stores, delicatessens, itinerant restaurants, pushcarts, and vehicular food vendors. "Food provider" also includes food providers operating cafeterias in private schools and places of employment whether or not such establishments are open to the general public.

D. "Food service ware" includes plates, bowls, cups, lids, straws, stirrers, forks, spoons, knives, napkins, trays, and other items primarily designed for use in consuming food.

E. "Polystyrene foam" means a container made of blown polystyrene, and expanded and extruded foams (sometimes called Styrofoam) which are thermoplastic petrochemical materials utilizing a styrene monomer and processed by any number of techniques including, but not limited to, fusion of monomer spheres (expanded bead polystyrene), injection molding, foam molding, and extrusion-blown molding (extruded foam polystyrene), which is used, or is intended to be used, to hold prepared food.

F. "Prepared food" means any food, including beverages, that is served, packaged, cooked, chopped, sliced, mixed, brewed, frozen, squeezed, or otherwise prepared for consumption, including but not limited to ready-to-eat and takeout food.

G. "Vendor" means the operator of any store or business which sells or offers goods or merchandise, located or operating within the city.

(Ord. No. 2090 N.S., § 2, 11-6-2013)

A. On or after April 22, 2014, a vendor or food provider shall not dispense prepared food to a customer in a polystyrene foam food container.

(Ord. No. 2090 N.S., § 2, 11-6-2013)

The following are exempt from the provisions of this chapter:

A. Raw eggs and raw, butchered meat, fish, or poultry that is sold from a butcher case or a similar retail appliance.

B. A vendor or food provider may dispense prepared food to a customer using polystyrene foam containers if that food provider demonstrates, in writing, to the satisfaction of the director of community services that compliance with the provisions of this chapter will impose a unique problem, not generally applicable to other persons in similar circumstances, that will result in an undue economic hardship. The director of community services shall put the decision to grant or deny an exemption in writing and may exempt the vendor or food provider pursuant to this subdivision until April 22, 2015, or not more than one year from the date of the demonstration, whichever date is sooner. The director's decision shall be final.

(Ord. No. 2090 N.S., § 2, 11-6-2013)

A. The director of community services or his or her designee has primary responsibility for enforcement of this chapter. The director of community services 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, investigating violations, issuing fines, and entering the premises of any store during business hours.

B. It is unlawful for any vendor or food provider to violate or fail to comply with any of the requirements of this chapter.

(Ord. No. 2090 N.S., § 2, 11-6-2013; Ord. No. 2276 N.S., § 34, 5-2-2018)

Nothing in this chapter is intended to create any requirement, power or duty that is in conflict with any federal or state law.

(Ord. No. 2090 N.S., § 2, 11-6-2013)