Chapter 8.07 — DISPOSABLE FOOD SERVICE WARE

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Editor's note— Ord. No. 13773, § 2, adopted Dec. 19, 2023, repealed the former Ch. 8.07, §§ 8.07.010— 8.07.080, and enacted a new Ch. 8.07 as set out herein. The former Ch. 8.07 pertained to similar subject matter, and derived from Ord. No. 13488, § 4, adopted May 15, 2018.

The purpose of this Chapter is to eliminate the unnecessary distribution of disposable food service ware that is not reusable or readily compostable or recyclable. Following the direction of the 2030 Equitable Climate Action Plan, the City Council wishes to reduce the amount of solid waste that will end up outside of the waste stream and in Oakland storm drains and waterways through litter and the circulation of windblown debris. The City Council finds that disposable food service ware that is not reusable or readily compostable or recyclable constitutes a significant adverse environmental impact, and that it presents a challenge to the City's program of integrated waste management. Disposable food service ware ends up on City streets, in parks, public places, and open spaces, and can clog storm drains, arch culverts, and catch basins, increasing time and expense of the work performed by Public Works staff during storm events. Pieces and fragments of disposable food service ware often enter the marine environment through storm drains and can be damaging and injurious to marine wildlife. By increasing awareness in the City and in the community of daily simple decisions that consumers may make to reduce solid waste and the risk of plastics and other waste entering the waste stream or into storm drains or local waterways, this Chapter aims to change consumer habits within the City to reduce the amount of disposable food service ware that ends up outside of the waste stream and to further implement objectives of the City's Zero Waste Strategic Plan and 2030 Equitable Climate Action Plan.

(Ord. No. 13773, § 2, 12-19-2023)

As used in this Chapter:

"Accessible Water Bottle Refill Station" means a bottle filler that dispenses potable drinking water downward that complies with Section 116875 of the California Health and Safety Code standards and applicable standards under the Federal Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.) and accessibility requirements applicable to drinking fountains under the California Building Standards Code.

"Affordable" means purchasable by the food vendor for same or less purchase cost than a compliant alternative as specified in Section 8.07.120. A negligible increase in cost of less than one and one-half percent (1.5%) shall be considered affordable for the purposes of this Chapter.

"Beverage Cup" means any cup, vessel, glass, container, or any other items in which a beverage (including water) is placed or packaged at a prepared food vendor's premises.

"Biodegradable Products Institute" or "BPI" is a multi-stakeholder association of key individuals and groups from government, industry, and academia, which promotes the use and recycling of biodegradable polymeric materials (via composting). BPI maintains and certifies a list of products that demonstrate that they meet the requirements of ASTM D6400 or D6868, based on testing in an approved laboratory.

"Bio-plastics" means any polymer that is labeled, marketed, or sold as compostable plastic including, but not limited to, those that meet the State of California's definition of compostable plastics in SB 1201 Section 4f.

"Bulk" means material that is stored as unpackaged liquid or dry goods capable of being conveyed to a reusable container in methods conforming to the California Retail Food Code, Health and Safety Code, Sections 113700 et seq. or packaging for a large amount of product, thereby offsetting the need for multiple smaller packaging units for the same amount of product.

"City" means the City of Oakland.

"City Facilities" means any City-owned properties or facilities [including, but not] limited to, libraries, recreation centers, senior centers, office buildings, enterprise facilities, police facilities, the firehouse training center and municipal corporation yards.

"Compost Manufacturing Alliance" is a national certifier of compostable products for compost facilities.

"Compostable" means an item or material that will break down into, or otherwise become a part of, usable compost (e.g., soil conditioning material, mulch) in a safe and timely manner, and is listed on the City's website. Products or packages made with plastics, either petroleum or biological based, and made with fluorinated chemicals shall not be considered compostable. Only items and materials certified to meet these standards by the Biodegradable Products Institute, Compost Manufacturing Alliance, and/or other third party recognized by the City shall be considered compostable.

"Convenient Drop-off" means customers returning reusable products in a reuse system can return to the retail location where the product was originally obtained, in curbside kiosks near the original retail location, or at nearby grocery stores or other retail locations, or the reuse system provides frequent home pick-up services.

"Dishwashing Capacity" means adequate onsite or offsite services, including those provided to a prepared food vendor through a contracted service, to wash, rinse, and sanitize, in compliance with the California Health and Safety Code Division 104-Environmental Health, Part 7, California Retail Code, the necessary quantity of reusable food service ware items for all food and beverages prepared on the premises of the prepared food vendor.

"Disposable" means an item or product that is not reusable or intended for reuse, including food service ware and products that are intended for single or a limited number of uses, regardless of the method of disposal, including whether, after use, the item or product is landfilled, treated with heat by conversion technologies, incinerated, recycled, or composted.

"Event" means any indoor or outdoor event within the City that is subject to a City permit and expected to have more than five hundred (500) attendees or participants.

"Event Producer" means a person or entity, or their agent, who contracts with or obtains a permit from the City or a City agent, to hold an event or events within the City at a location other than a large venue.

"Fiber-based" means a plant- or animal-based, non-synthetic fiber, including, but not limited to, paper, wood, or bamboo. Fiber-based items do not include or contain petroleum-based or biologically-based polymers of any kind.

"Food Container" means any hinged or lidded container (clamshell, box, bowl), plate, tray or other vessel used to hold prepared food.

"Food Service Ware" means any products used for serving, consuming, or packaging prepared food and includes, but is not limited to, cups, bowls, plates, trays, cartons, boxes, wrappers or liners, hinged or lidded containers (clamshells), utensils (forks, knives, spoons, sporks, and chopsticks), condiment cups, and other items used as part of food or beverage service or in which prepared food is placed or packaged on a prepared food vendor's premises.

"Food Service Ware Accessory" means any item or accessory that typically accompanies food service ware, such as straws, stirrers, splash sticks, cocktail sticks, toothpicks, napkins and utensils (forks, knives, spoons, sporks, and chopsticks); condiment cups and packets; cup sleeves, tops, lids and spill plugs; and other similar accessory or accompanying items used as part of prepared food or beverage service or packaging.

ry" means any item or accessory that typically accompanies food service ware, such as straws, stirrers, splash sticks, cocktail sticks, toothpicks, napkins and utensils (forks, knives, spoons, sporks, and chopsticks); condiment cups and packets; cup sleeves, tops, lids and spill plugs; and other similar accessory or accompanying items used as part of prepared food or beverage service or packaging.

"High Priority Toxic Food Packaging Chemical" means any perfluoroalkyl or polyfluoroalkyl substances (PFAS) or any of the chemicals listed in California's Proposition 65 (Health and Safety Code Section 25249.8; list set forth at 22 CCR § 69502.2(a)(1)(A)), the European Union's Substances of Very High Concern Candidate List (set forth at 22 CCR § 69502.2(a)(1)(C), (G)), and the International Agency for Research on Cancer Lists Group 1 and Group 2a (set forth at 22 CCR § 69502.2(a)(l)(J)).

"High Priority Toxic Material" means any kind of polyvinyl chloride (PVC), polystyrene, polycarbonate, or melamine material, or bamboo or any other material that uses a resin binding agent.

"ISO 17025 Accredited Lab" means a laboratory accredited by the International Organization for Standardization and International Electrochemical Commission to perform product testing, sampling, and calibration.

"Large Venue" means a permanent facility that seats or serves an average of more than two thousand (2,000) individuals within the grounds of the facility per day of operation over a typical calendar year. For purposes of this definition, a "facility" includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this Chapter, a site under common ownership or control that includes more than one (1) large venue, where each large venue is contiguous with other large venue(s) in the site, is a single large venue.

"Packaged Beverage" or "Packaged Water" means a drinking beverage, including water, in a sealed container, including a box, bag, can, glass bottle, rigid plastic #2 bottle or other sealed container intended primarily for single-service use.

"Perfluoroalkyl" and "Polyfluoroalkyl Substances" means a class of fluorinated organic chemicals containing at least one (1) fully fluorinated carbon atom.

"Person" means an individual, firm, limited liability company, association, partnership, corporation, or any other legal entity other than a governmental entity that is not specifically referenced in this Chapter.

"Polystyrene Foam" means a thermoplastic petrochemical material made from a styrene monomer and expanded or blown using a gaseous agent (expanded polystyrene) including, but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection molding, form molding and extrusion-blow molding (extruded foam polystyrene). "Polystyrene Foam" does not include clear or solid polystyrene (oriented polystyrene).

ans a thermoplastic petrochemical material made from a styrene monomer and expanded or blown using a gaseous agent (expanded polystyrene) including, but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection molding, form molding and extrusion-blow molding (extruded foam polystyrene). "Polystyrene Foam" does not include clear or solid polystyrene (oriented polystyrene).

"Prepared Food" means food or beverages that are served, packaged, cooked, chopped, sliced, mixed, brewed, frozen, squeezed, or otherwise prepared on the premises of a prepared food vendor for consumption, including, but not limited to, ready-to-eat, dine-in, take-out, or complimentary food or beverage. "Prepared Food" does not include:

Raw eggs and raw, butchered meat, fish, or poultry that is sold from a refrigerator case or from a similar retail appliance; or

Prepackaged food that is delivered to a prepared food vendor wholly encased, contained or packaged in a container or wrapper, and sold or otherwise provided by the prepared food vendor to the customer in the same container or packaging.

"Prepared Food Vendor" means any person that that sells prepared food to be consumed on or off a premises located or operated within the City including, but not limited to, a restaurant, cafe, bar, nightclub, grocery store, convenience store, delicatessen, bakery, food service establishment (including carry out, quick service, and full-service), cafeteria, food court, food truck or mobile unit-based vendor, hotel, motel, bed and breakfast, inn, special event space, movie house, theater, itinerant restaurant, pushcart, farmers market, or other similar establishments, directly or indirectly under contract and including, but not limited to, sales in City facilities, large venues, and commercial office buildings. Notwithstanding the foregoing, the following are not considered prepared food vendors: hospitals, public agencies other than the City, public and private schools, senior centers, prisons and jails.

"Recyclable" means items that are accepted in Oakland's residential recycling service, as listed on the City's website and as may be amended from time to time.

"Returnable" means an item for which a reuse system is available.

"Reusable" means food service ware that is manufactured of ceramic, porcelain, glass, or non-foil metal, or other durable materials that are specifically designed and manufactured to be washed and sanitized for at least seven hundred eighty (780) commercial wash cycles as warranted by the manufacturer, based on testing performed by an ISO 17025 accredited lab, are safe for washing and sanitizing according to California Health and Safety Code, Sections 114101 and 114099.7, respectively and all other applicable regulations, and are used in a system that enables repeated collection, washing, and return of food service ware, thereby ensuring that the product is actually used repeatedly over an extended period of time. Reusable products shall not be manufactured from a high priority toxic material.

"Reuse System" means a system in which:

Convenient drop-off of an item is available to the customer; and

There are suitable incentive systems to encourage customers to return the product, such as a deposit or charge for failure to return, or discounts, rewards, or other positive incentives.

"Standard Condiment" means relishes, spices, sauces, confections, or seasonings that require no additional preparation and that are usually used on a food item after preparation, including ketchup, mustard, mayonnaise, soy sauce, hot sauce, salsa, salt, pepper, sugar and sugar substitutes.

"Take-Out Consumption" means consumption of food or beverages requiring no further preparation off the premises or away from the facilities of the prepared food vendor.

"Take-Out Food Ordering Platform" means a person engaged in the service of taking orders from customers for food or related items for pickup or delivery from a prepared food vendor, and includes orders made by phone, on the prepared food vendor website, or on a third-party site, any of which may also include delivery by a third party.

(Ord. No. 13773, § 2, 12-19-2023)

Beginning July 1, 2025:

A.

Prepared food served for consumption on the premises of a prepared food vendor shall be served using reusable food service ware, except that:

Disposable paper food wrappers, bags, foil wrappers, and paper tray and plateliners shall be allowed provided they meet the requirements in Section 8.07.110 of this Chapter (Compliant Disposable Food Service Ware for Food Service); and

Disposable standard condiment packets and disposable straws may be provided upon customer request in accordance with Subsection B. of this Section.

B.

Standard condiments provided for on-site consumption on the premises of a prepared food vendor must be served from reusable containers or a bulk dispenser. A supply of single-use standard condiment packets and disposable straws may be maintained and provided to customers upon request, based on medical necessity.

C.

This Section does not prohibit a prepared food vendor from providing, upon a customer's request. Disposable food service ware compliant with Section 8.07.110 of this Chapter (Disposable Food Service Ware for Food Service), to take away leftover prepared food after dining on the premises.

D.

Consumption is considered "on-premises" if it takes place at tables and/or dining areas, including non- seated picnic areas provided by the prepared food vendor either on its own or in conjunction with one (1) or more other prepared food vendor(s) or pursuant to an agreement between the prepared food vendor and a third party.

E.

Business licenses for prepared food vendors, applied for or renewed after December 31, 2025 shall only be granted to prepared food vendors that can demonstrate ability to comply with Subsection B. by demonstrating to the City that adequate dishwashing capacity will be provided on the premises or that dishwashing services will be provided by a third party.

F.

The requirements of Subsection B. of this Section shall not apply to mobile food facilities or temporary food facilities as defined by California Health and Safety Code Sections 113831 and 113930.

G.

Notwithstanding any other provision of this Code, the City and all prepared food vendors operating on City facilities shall comply with this Section. All leases, contracts, funding agreements, and sponsorships entered by the City shall require compliance with this Section for all activities in the City.

H.

Prepared food vendors that do not have dishwashing capacity may request a waiver or partial waiver of Subsections B. and F. of this Section. To obtain a waiver, the prepared food vendor must demonstrate inability to comply due to insurmountable space constraints, undue financial hardship, and/or other insurmountable circumstances. Any waiver shall expire automatically in the event of a significant remodel, renovation, or other alteration of the premises with a construction valuation that exceeds sixty thousand dollars ($60,000.00), or if the prepared food vendor ceases operations at the location for which the waiver has been granted.

(Ord. No. 13773, § 2, 12-19-2023)

A.

Customers shall be allowed to provide their own empty reusable beverage cups and reusable food containers for take-out consumption by prepared food vendors in accordance with California Retail Food Code, Health and Safety Code, Sections 113700 et seq.

B.

Prepared food vendors subject to this Section may refuse, at their sole discretion, any customer-provided reusable beverage cup or reusable food container that is cracked, chipped, or corroded, or appears inappropriate in size, material, or condition for the intended beverage or food, or that appears to be excessively soiled or unsanitary.

C.

Customers who opt to provide their own empty reusable food service ware containers shall ensure that these consumer-owned containers are washed, rinsed, and sanitized prior to being provided or returned to the food facility for filling, and must ensure that the consumer-owned container be designed and constructed for reuse, as defined herein.

In accordance with California Retail Food Code, Health and Safety Code Section 114121, clean consumer- owned containers provided or returned to the food facility for filling may be filled by either the employee or the owner of the container. The food facility shall be required to isolate the consumer-owned containers

from the serving surface or sanitize the serving surface after each filling; and shall prepare, maintain, and adhere to written procedures to prevent cross-contamination.

Customers and consumers who provide consumer-owned containers for filling, shall be solely responsible for the condition of the containers. Food service providers will not be held liable for illness caused by consumer provided containers, provided that food service providers adhere to the requirements stated above.

D.

Notwithstanding any other provision of this Code, the City and all prepared food vendors operating in City facilities shall comply with this Section. All leases, contracts, funding agreements, and sponsorships entered into by the City shall require compliance with this Section for all activities in the City.

E.

Large venues and events are not subject to this Section.

(Ord. No. 13773, § 2, 12-19-2023)

A.

Prepared food vendors shall provide disposable food service ware accessories or disposable standard condiments to customers for takeout and delivery orders only when specifically requested by the customer. No disposable food service ware accessories shall be provided for dining on-premises, except disposable napkins, cocktail sticks, toothpicks, and stir sticks may be provided for on-premises dining when specifically requested by the customer. Takeout and delivery orders include orders made directly with the prepared food vendor and orders made using take-out food ordering platforms.

B.

Standard condiments provided for consumption on the premises of a prepared food vendor must be served from reusable containers or a bulk dispenser. A supply of single-use standard condiment packets may be maintained and provided to customers upon request, based on medical necessity.

C.

Disposable food service ware accessories and standard condiments shall not be bundled or packaged in a manner that prohibits a take-out customer from taking only the specific disposable food service ware accessory and/or standard condiment desired without also having to take a different disposable food service ware accessory and/or standard condiment.

D.

Disposable food service ware accessories shall not be individually wrapped and may be provided to customers using refillable dispensers that dispense items one (1) at a time.

E.

If a food vendor uses a food ordering platform, the food vendor shall list on that food ordering platform all available food service ware accessories and standard condiments the food vendor offers, and the food vendor shall provide to the customer only those food service ware accessories or standard condiments the customer has selected. If a customer does not select food service ware accessories or standard condiments, the food vendor shall provide no food service ware accessories or standard condiments to the customer.

Food ordering platforms must provide food vendors with the opportunity to itemize which food service ware accessories and standard condiments, if any, the food vendor chooses to offer to customers in connection with an order placed on a food ordering platform, and the opportunity for customers to select which food service ware accessories and standard condiments, if any, they choose to have included with their order.

F.

Notwithstanding any other requirements of this Section, a prepared food vendor that is (1) located entirely within a public use airport, as defined in Section 77.3 of Title 14 of the Code of Federal Regulations, or (2) a drive-through food service, may ask a customer if the customer wants a disposable food service ware accessory if needed to consume or transport ready-to-eat food, or to prevent it from spilling.

G.

Nothing in this Chapter shall restrict, or be construed to restrict, the ability of prepared food vendors from providing disposable plastic straws to individuals who may require and request them due to disability or other medical or physical conditions or circumstances.

H.

Notwithstanding any other provision of this Code, the City and all prepared food vendors operating in City facilities shall comply with this Section. All leases, contracts, funding agreements, and sponsorships entered into by the City shall require compliance with this Section for all activities in the City.

(Ord. No. 13773, § 2, 12-19-2023)

Beginning July 1, 2025 after adoption of the ordinance from which this Chapter is derived:

A.

Notwithstanding any other provision of this Code, the City shall establish a reusable beverage cup reuse system and all beverages provided by the City and served in City facilities shall be served in returnable reusable beverage cups or a user's personal reusable beverage cup.

B.

No City employee may distribute (for sale or otherwise) beverages in disposable beverage cups at or in City facilities.

C.

All new leases, permits, management agreements, contracts, or other agreements awarded by the City allowing any person to use indoor City facilities, for purposes that contemplate or would allow the sale or distribution of non-packaged beverages (collectively, "use agreements") shall specifically require that the user comply with Subsections A. and B. of this Section. This requirement shall also apply to any such use agreement renewed, extended, or materially amended after implementation of this provision.

In the instance that a member of the public or organization rents out an enterprise facility for a one-time event, they are exempt from this Section, 8.07.060.

(Ord. No. 13773, § 2, 12-19-2023)

Beginning July 1, 2025:

A.

Any person operating a large venue that allows the sale of prepared food on premises shall establish a reusable beverage cup reuse system and ensure that all non-packaged beverages, not including drinking water from drinking water fountains and accessible water refill stations, are available for purchase in returnable reusable beverage cups. Venue operators must demonstrate that at least twenty-five percent (25%) of all non-packaged beverages served to attendees are in reusable beverage cups. This requirement shall increase to one hundred percent (100%) beginning January 1, 2027.

B.

To meet the requirements of this Section, large venue operators may provide, lend, or rent reusable beverage cups to attendees.

C.

Large venue operators' contracts with prepared food vendors for on-site services shall ensure compliance with this Section.

D.

Use, handling, and sanitation of reusable beverage cups at large venues by venue staff and third-party contractors must comply with California Health and Safety Code, Sections 113700 et seq. and all other applicable health regulations.

E.

All new leases, permits, management agreements, contracts, or other agreements awarded by the City allowing large venues to operate within the jurisdiction shall specifically require that the permittee or contractor comply with this Section. This requirement shall also apply to any such permit or agreement renewed, extended, or materially amended after implementation of this provision.

F.

Any large venue operator may petition for a full or partial waiver of the requirements of this Section if the operator can demonstrate that the application of this Section would create undue hardship or practical difficulty for the large venue that is not generally applicable to other large venues in similar circumstances.

(Ord. No. 13773, § 2, 12-19-2023)

Beginning July 1, 2025:

A.

Event producers that allow the sale of prepared food at an event must establish a reuse system and make returnable reusable cups available for the purchase of non-packaged beverages. Event producers must demonstrate that at least twenty-five percent (25%) of all non-packaged beverages served to attendees are in reusable beverage cups. This requirement shall increase to one hundred percent (100%) beginning January 1, 2027. To meet this requirement, event producers may cause returnable reusable beverage cups to be provided, lent, or rented to event attendees.

B.

The permit application for each event must indicate how the requirements of this Section will be met and describe the tracking system that will be used to document the total number of beverages sold or otherwise provided and the number provided, lent, or rented in reusable beverage cups. The event producer's selected method for meeting the requirements of this Section must be included in any contract, agreement or permit for the event related to or otherwise including beverage service. Event producers shall report the percentage of beverages sold in reusable beverage cups to the City within three (3) months of the event to the City Economic and Workforce and Development Department and prior to the return of any deposit collected by the City in connection with the event.

C.

Use, handling, and sanitation of reusable beverage cups at events by persons serving non-packaged beverages must comply with California Health and Safety Code, Sections 113700 et seq. and all other applicable State and local laws, regulations, and guidelines.

D.

Event producers' contracts with prepared food vendors for on-site services shall ensure compliance with this Section.

E.

All new leases, permits, management agreements, contracts, or other agreements awarded by the City allowing events to operate within the jurisdiction shall specifically require that the event producer comply with this Section. This requirement shall also apply to any such permit or agreement renewed, extended, or materially amended after implementation of this provision.

F.

In accordance with Section 8.07.140 of this Chapter (Process to Obtain Waivers), any event producer may petition for a full or partial waiver of the requirements of this Section as they apply to a particular event, if the event producer can demonstrate that the application of this Section would create undue hardship or practical difficulty for the event producer that is not generally applicable to other event producers in similar circumstances.

(Ord. No. 13773, § 2, 12-19-2023)

No City funds shall be used to purchase packaged water for use in City facilities, unless it is for an emergency.

(Ord. No. 13773, § 2, 12-19-2023)

A.

All City facilities used for events, City facilities other than office buildings, and large venues that have access to drinking water are encouraged to install and maintain at least one (1), or maintain at least one (1) existing, accessible water bottle refill station on-site per every five hundred (500) daily visitors, located to ensure maximum access by all visitors.

B.

An office building owned by the City or in City facilities are encouraged to have at least one (1) accessible water bottle refill station per five hundred (500) occupants authorized under the building's maximum occupancy.

C.

All facilities used for events, City facilities, and large venues are encouraged to allow visitors to bring their own reusable beverage bottle for use at an accessible water bottle refill station.

D.

If any existing water bottle refill station in a City facility used for events, in City facilities, or in a large venue, is not accessible, the owner or operator of the facility or large venue are encouraged to upgrade the water bottle refill station to an accessible water bottle refill station by January 1, 2026.

In accordance with Section 8.07.120 (Process to Obtain Waivers), any person subject to this Section may petition for a full or partial waiver of the requirements of this Section, if the person can demonstrate that the

application of this Section would create undue hardship or practical difficulty that is not generally applicable to others in similar circumstances.

(Ord. No. 13773, § 2, 12-19-2023)

A.

When disposable food service ware is authorized for use by this Chapter, prepared food vendors may provide prepared food in disposable food service ware only if that disposable food service ware is:

Not made of polystyrene foam.

Not made of bio-plastic.

Free of high priority toxic food packaging chemicals as determined by a third-party certification program for disposable food service ware that requires full disclosure of intentionally added chemicals as a condition of certification. If the City determines that there are less than three (3) product options of a particular type of disposable food service ware or that products are not commercially available, this Section does not apply to that type of disposable food service ware.

B.

Neither the City nor its contractors or lessees shall purchase disposable food service ware for use in the City that is not compliant with the requirements of this Section.

C.

The City shall maintain a list, updated annually, with food service ware or food service ware accessories deemed not commercially available.

D.

In accordance with Section 8.07.140 of this Chapter (Process to Obtain Waivers), a prepared food vendor may petition for a full or partial waiver of the requirements of this Section if the prepared food vendor can demonstrate that compliance will impose a unique problem not generally applicable to other persons in similar circumstances that will result in an undue economic hardship.

Notwithstanding the foregoing, once the City has determined that there is a version of a disposable food service ware that is certified as being free of high priority toxic food packaging chemicals, no waiver may be granted for:

a.

The use of that disposable food service ware that contain any high priority toxic food packaging chemicals or high priority toxic materials;

b.

Use of polystyrene foam food service ware; or

c.

Use of bio-plastic food service ware.

(Ord. No. 13773, § 2, 12-19-2023)

A.

Except as specifically authorized by Section 8.07.110 of this Chapter (Compliant Disposable Food Service Ware for Food Service) no person may distribute within the City any disposable food service ware that are not compliant with Section 8.07.110.

B.

It shall not be a violation of this Section to provide prepared food in disposable food service ware otherwise prohibited by Section 8.07.120 (Compliant Disposable Food Service Ware for Food Service) if the prepared food is packaged outside the City and is sold or otherwise provided to the customer in the same disposable food service ware in which it originally was packaged.

C.

In accordance with Section 8.07.140 of this Chapter (Process to Obtain Waivers), any person may petition for a full or partial waiver of the requirements of this Section if that person can demonstrate that compliance will impose a unique problem not generally applicable to other persons in similar circumstances that will result in an undue economic hardship.

Notwithstanding the foregoing, once the City has determined that there is a version of a disposable food service ware that is certified as being free of high priority toxic food packaging chemicals, no waiver may be granted for:

a.

The distribution of that disposable food service ware that contains any high priority toxic food packaging chemicals or high priority toxic materials;

b.

The distribution of polystyrene foam food service ware; or

c.

Use of bio-plastic food service ware.

(Ord. No. 13773, § 2, 12-19-2023)

Beginning July 1, 2025: Except as specifically authorized by Section 8.07.110 of this Chapter (Compliant Disposable Food Service Ware for Food Service), no person shall distribute for compensation within the City any food service ware or food service ware accessory made from polystyrene.

(Ord. No. 13773, § 2, 12-19-2023)

A.

The City Administrator shall prescribe and adopt rules, regulations, and forms to obtain full or partial waivers from any requirement of this Chapter that is explicitly subject to waiver. Waivers may be granted based upon documentation provided by the applicant for the waiver and, at the City Administrator's discretion, independent verification that may include site visits and documentation.

B.

To obtain a waiver, the applicant must demonstrate inability to comply due to factors specified in the provision authorizing the waiver.

C.

The City Administrator shall issue a written decision to grant or deny a waiver for up to two (2) years from the date of the decision. The written decision shall be final and is not subject to appeal.

D.

During the waiver term, the waiver recipient shall make diligent efforts to become compliant.

E.

In circumstances existing prior to the effective date of the Section of this Chapter in question, where the waiver applicant demonstrates diligent efforts to comply but, due to insurmountable space or economic constraints and/or other unique and extraordinary circumstances, may never be reasonably able to comply, the City Administrator may grant a waiver for a longer specified term at the end of the initial waiver term, upon application from the waiver recipient for an additional waiver.

(Ord. No. 13773, § 2, 12-19-2023)

A.

Any person may provide notice to the City of any observed lack of compliance with the requirements of this Chapter.

B.

Anyone violating or failing to comply with any requirement of this Chapter may be subject to an administrative citation pursuant to Chapter 1.12 or subject to the administrative assessment of civil penalties as set forth in Chapter 1.08 of this Code; however, no administrative citation may be issued, or civil penalty charged for violation of a requirement of this Chapter until one (1) year after the effective date of such requirement.

C.

Enforcement shall include written notice of noncompliance and a reasonable opportunity to correct or to demonstrate initiation of a request for a waiver or waivers pursuant to Section 8.07.140 (Process to Obtain Waivers).

D.

If, after issuing a written notice of noncompliance, the City finds that the person or business continues to violate the provisions of this Chapter, the City may impose a fine of not more than one hundred dollars ($100.00) for a first violation; not more than two hundred dollars ($200.00) for a second violation in the same twelve-month period; and not more than five hundred dollars ($500.00) for each subsequent violation in the same twelve-month period.

E.

The City Attorney may seek legal, injunctive, or other equitable relief to enforce this Chapter.

F.

If continued violations occur, the City reserves the right to suspend the vendor's business license.

G.

The remedies and penalties provided in this Section are cumulative and not exclusive.

H.

The City shall maintain an accessible webpage, translated at minimum into Chinese and Spanish, summarizing the requirements of this Section, resources and local businesses available to aid in compliance with this Section, and any City staff or technical assistance available to provide relevant information to support understanding of and compliance with this Section.

(Ord. No. 13773, § 2, 12-19-2023)

The City Administrator or his or her designee is responsible for the administration of this Chapter, and is authorized to develop and require compliance with one (1) or more technical bulletins and/or administrative

regulations containing interpretations, clarifications, forms, and commentary to facilitate implementation of any requirements set forth in this Chapter.

(Ord. No. 13773, § 2, 12-19-2023)

A.

The provisions of this Chapter shall supersede any conflicting law or regulations.

B.

This Chapter is intended to be a proper exercise of the City's police power and role as a market participant, to operate only upon its own officers, agents, employees, and facilities, and other persons acting within the City's boundaries. 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. 13773, § 2, 12-19-2023)