Chapter 8.30 — POLYSTYRENE REGULATIONS

The purpose of this chapter is to substantially reduce the use of polystyrene food service ware in Orinda. (Ord. No. 21-5, § 1(Att. A), 7-20-21)

The City Council finds that: A.

Polystyrene food service ware is a distinctive litter concern because it easily breaks into pieces and is lightweight and aerodynamic; B. The proposed ordinance requiring food vendors and retail sellers to use alternative food service ware is intended to improve water quality in the Orinda waterways, as required by the Municipal Stormwater Permit; C. Polystyrene food service ware does not biodegrade and is harmful to wildlife because it can easily be mistaken for food; D. Polystyrene containers contain chemicals that can leach into food under certain conditions and have been linked to potential cancer concerns in humans; E. Polystyrene food service ware is made from a non-renewable resource, but containers made from alternative materials are readily available. Accordingly, the City Council does find and declare that it should restrict the use of polystyrene food service ware. The City has a substantial interest in protecting its residents and the environment from negative impacts from polystyrene food service ware. (Ord. No. 21-5, § 1(Att. A), 7-20-21)

For the purposes of this chapter, the following terms have the following meanings: A. "Food vendor" means a person that does one or more of the following in the City: sells prepared food or beverages to the public at retail, whether take-out, dine-in, and/or delivery, including sales of prepared food from food trucks and farmer's markets. Residential care facilities, schools, social clubs, swim clubs, and country clubs are not food vendors for purposes of this chapter. B. "Polystyrene-based" means and includes expanded polystyrene, which is a thermoplastic petrochemical material 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, form molding, and extrusion blow molding (extruded foam polystyrene). The term "polystyrene" also includes polystyrene that

has been expanded or blown using a gaseous blowing agent into a solid foam (expanded polystyrene (EPS)), and clear or solid polystyrene known as oriented polystyrene. C. "Polystyrene food service ware" means polystyrene-based, single-use, disposable containers and other products used for selling, vending, or serving food or beverages. Polystyrene food service ware includes, but is not limited to, cups, bowls, plates, and hinged or lidded containers (clamshells) that are made from expanded or extruded polystyrene. For the purposes of this ordinance, polystyrene food service ware does not include any of the following products: straws, splash sticks, stir sticks, soup lids, drink lids, tablecloths, egg cartons, and liquid cartons. D. "Polystyrene utensils" means polystyrene-based, single-use utensils such as forks, spoons, knives, chop sticks, straws, splash sticks, and stir sticks. E. "Prepackaged food" means any properly-labeled processed food that is prepackaged to prevent any direct human contact with the food product upon distribution from a manufacturer located outside the City. F. "Prepared food" means food or beverages that are serviced, packaged, cooked, chopped, sliced, mixed, brewed, frozen, squeezed, or otherwise prepared. Prepared food does not include raw eggs, fish, meat, or poultry, or any raw foods containing those raw materials. G. "Raw meat trays" means trays used for packaging raw meat, poultry, seafood, or other similar protein intended to be cooked or prepared off-site. H. "Retail seller" means person or business that sells or otherwise provides consumer products directly to consumers by any means. (Ord. No. 21-5, § 1(Att. A), 7-20-21)

After February 1, 2022: A. A food vendor shall not provide polystyrene food service ware to any person. B. A retail seller shall not sell polystyrene-based food service ware.

(Ord. No. 21-5, § 1(Att. A), 7-20-21)

After February 1, 2022, a food vendor shall provide polystyrene utensils only upon request made by the person receiving food. (Ord. No. 21-5, § 1(Att. A), 7-20-21)

A. A lease or rental agreement between the City and a person for the occupancy or use of a City facility shall require that polystyrene food service ware not be provided to any person. B. A contract with a person to provide services to or on behalf of the City shall require that polystyrene food service ware not be provided in connection with the provision of those services. (Ord. No. 21-5, § 1(Att. A), 7-20-21)

Notwithstanding anything to the contrary contained in this chapter, this chapter does not prohibit the sale or use of any of the following: 1. Prepackaged food products that use polystyrene-based packaging materials. 2. Polystyrene-based ice chests and coolers intended to be reused. 3. Raw meat trays. (Ord. No. 21-5, § 1(Att. A), 7-20-21)

The Planning Director is authorized to enforce the requirements of this chapter. The City may seek compliance with this chapter by any remedy allowed under this Code, including, but not limited to, administrative fines, infraction citations, and any other remedy allowed by law. (Ord. No. 21-5, § 1(Att. A), 7-20-21)