Chapter 5.87

REUSABLE FOOD SERVICE WARE AND PLASTIC WASTE REDUCTION

For the provisions of this Chapter, the following definitions shall apply:

"Aluminum foil-based" mean any Non-reusable Food Service Ware composed entirely of aluminum, including but not limited to aluminum tray liners, aluminum foil, and aluminum foil baskets.

"Biodegradable products institute" refers to a certification program that ensures that products and packaging displaying the BPI logo have been independently tested and verified accordingly to scientifically based standards to successfully break down in professionally managed industrial composting facilities. BPI-certified products meet the standards of the American Society for Testing Materials (ASTM) D6400 or D6868 for compostability, or other applicable standards in the future. All BPI-certified products are also required to have: (1) a limit of 100 parts per million (ppm) total Fluorinated Chemicals as the upper threshold for acceptance; and (2) no intentionally added Fluorinated Chemicals.

"City" means the City of Palm Springs, California.

"City-sponsored event" includes any event, activity or meeting organized or sponsored, in whole or in part by the City or any department of the City.

"Compostable" means an item or material: (1) will break down, or otherwise become part of a usable compost in a safe and timely manner; and (2) is Natural Fiber-based or made from other materials approved by the City Manager or designee. Compostable items may include those that are made entirely of Natural Fiber or Natural Fiber-based items that are coated or lined with biologically based polymer, such as corn or other plant sources (e.g., compostable plastics), if certified by the Biological Products Institute (BPI) or by another independent third party approved by the City Manager or designee.

"Fluorinated chemicals" means perfluoroalkyl and polyfluoroalkyl substances or fluorinated chemicals, which for the purposes of food packaging are a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.

"Food service ware" means all containers, bowls, plates, trays, cups, lids, and other like items that are used for consuming prepared foods, including without limitation, service ware for takeout foods and/or leftovers from partially consumed meals prepared by prepared food vendors.

"Food service ware accessory" means all types of single-use items usually provided along with Food Service Ware, including but not limited to utensils, chopsticks, napkins, cup lids, cup sleeves, beverage trays, condiment packets and saucers, straws, stirrers, splash sticks, cocktail sticks, and toothpicks designed for a single use for Prepared Foods.

"Natural fiber/natural fiber-based" means a plant or animal-based, non-synthetic fiber, including but not limited to products made of paper, sugarcane, bamboo, wheat stems/stalks, hay, wood, etc.

"Non-reusable" means products that do not meet the definition of "Reusable" as defined in this section.

"Non-reusable cup" is a beverage cup that does not meet the definition of "Reusable" that is used to serve beverages, such as water, cold drinks, hot drinks, alcoholic beverages, and other drinks.

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City of Palm Springs, CA § 5.87.001

PALM SPRINGS CODE

§ 5.87.001

"Packing material" means material used to hold, cushion, or protect items packed in a container for shipping, transport, or storage.

"Person" means any individual, trust, firm, joint stock company, corporation including a government corporation, partnership, or association.

"Plastic" means a material made from fossil fuel-based polymers such as polyethylene, polystyrene, polypropylene, and polycarbonate or from biologically based polymers such as corn or other plant material that can be molded or blown into shape while soft and then set into a rigid or slightly elastic form.

"Polystyrene" means a thermoplastic petrochemical material utilizing the styrene monomer, including but not limited to rigid polystyrene and expanded polystyrene, processed by any number of techniques, including but not limited to fusion of polymer spheres (expandable bead polystyrene), injection molding, expanded polystyrene molding, or extrusion-blow molding (extruded polystyrene), and clear or solid polystyrene (oriented polystyrene). The resin code for polystyrene is '6' or 'PS,' either alone or in combination with other letters. This definition applies to all polystyrene food service ware, regardless of whether it exhibits a resin code.

"Polystyrene foam" means and includes blown polystyrene and expanded and extruded foams (sometimes called Styrofoam, a Dow Chemical Co. trademarked form of expanded polystyrene insulation) 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 blow molding (extruded foam polystyrene). Polystyrene foam is commonly made into disposable food service ware products. Polystyrene foam does not include clear or solid polystyrene (oriented polystyrene).

"Prepared food" means food or beverages, which are serviced, packaged, cooked, chopped, sliced, mixed, brewed, frozen, squeezed, poured, or otherwise prepared (collectively "prepared") for individual customers or consumers. Prepared Food does not include raw eggs; raw, butchered meats, fish, and/or poultry sold from a butcher case, a refrigerator case, or similar retail appliance; or food that is prepared and packaged on site such as breads, baked goods, and deli items that are not intended for immediate consumption.

ezed, poured, or otherwise prepared (collectively "prepared") for individual customers or consumers. Prepared Food does not include raw eggs; raw, butchered meats, fish, and/or poultry sold from a butcher case, a refrigerator case, or similar retail appliance; or food that is prepared and packaged on site such as breads, baked goods, and deli items that are not intended for immediate consumption.

"Prepared food vendor" means any person or place that provides or sells Prepared Food within the City to the general public to be consumed on the premises or for take-away consumption. Prepared Food Vendor includes but is not limited to: a grocery store, supermarket, restaurant, bar, fast-food restaurant, drive-thru, cafe, coffee shop, snack shop, public food market, farmers market, convenience store, or similar place where prepared food is available for sale on the premises or for takeaway consumption, and any mobile store, food vendor, caterer, food truck, or similar mobile outlet. This includes Prepared Food Vendors at City facilities and City contractors and lessees acting pursuant to a City contract, lease, or permit at a City Facility.

"Prepackaged" means food or beverages that are properly labeled and arrive at the premises of the food seller, vendor, or server in a container or wrapper in which the food or beverage is wholly encased, enclosed, contained, or packaged and is not removed from such container or wrapper (other than an outer container or wrapper that encloses multiple units of food) before its sale or provision at the premises. Prepackaged food and beverages may be sold, vended, or served in the same container (e.g., ramen noodles in a foam cup).

"Reusable" means products designed and manufactured to maintain its shape and structure and be materially durable to be washed and sanitized and to be used repeatedly over an extended period of time and is safe for washing and sanitizing by mechanical and/or manual ware washing

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City of Palm Springs, CA

BUSINESS REGULATIONS

§ 5.87.001

§ 5.87.003

methods that meet the requirements of the California Retail Food Safety Code for cleaning and sanitizing of equipment and utensils.

"Reuse system" means a closed loop service or program provided by a third party to a Food Vendor that includes the provision of Reusable Food Ware and the collection, cleaning, and redistribution of the Reusable Food Ware to said Food Vendor or other Food Vendors. Any operative third-party Reuse System provider in the City of Palm Springs shall meet regulatory requirements that the City of Palm Springs may set forth in guidelines or regulations with a public hearing.

"Takeout food" means Prepared Food requiring no further preparation which is purchased to be consumed off a Prepared Food Vendor's premises. Takeout Food includes Prepared Food delivered by a Prepared Food Vendor or by a third-party delivery service. (Ord. 2045 § 2, 2021)

• (a) Prepared Food Vendors shall use Reusable Food Service Ware and Reusable Food Service Ware Accessories for Prepared Food served for on-site food and beverage consumption, unless the Food Vendor qualifies for a waiver as described in Section 5.87.005. This requirement does not prohibit a Prepared Food Vendor from providing leftover Prepared Food in Non-reusable Food Service Ware with Non-reusable Food Service Ware Accessories that are compliant with Section 5.87.003 of this Chapter when requested by a customer.

• (b) The following Non-reusable items are allowed for on-site food consumption and must be non-Plastic: food wrappers, sleeves and bags; napkins; straws, stirrers, cocktail sticks; toothpicks; and tray and plate-liners. Any additional Non-reusable items not listed in this section or identified elsewhere in this chapter must be approved by the City Manager, or designee.

• (c) All Prepared Food Vendors offering condiments must offer those items in Reusable containers, bulk dispensers or individual Non-plastic packaging for on-site food and beverage consumption.

• (d) Straws and stirrers shall be made available only upon a customer's specific request or affirmative response to a vendor's offer.

• (e) As of January 1, 2023, any Non-reusable items listed in paragraph (b) must meet the definition of Compostable in this Chapter.

• (Ord. 2045 § 2, 2021)

• (a) No Prepared Food Vendor may use any Non-reusable Food Service Ware or Food Service Ware Accessories made in whole or in part from Polystyrene or Polystyrene Foam.

• (b) Non-reusable straws and stirrers shall not be made of Plastic.

• (c) Prepared Food Vendors shall provide, sell, or otherwise distribute only those Food Service Ware Accessories that comply with this Section, and only: (1) upon a customer's specific request or affirmative response to a vendor's offer for such items, (2) in a self-service area or dispenser, or (3) when Prepared Food is assembled for takeout or delivery, to prevent

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City of Palm Springs, CA § 5.87.003

PALM SPRINGS CODE

§ 5.87.005

spills.

• (d) Food prepared for off-site consumption or leftovers of partially consumed food on premises shall not be provided to customers in single-use plastic bags.

• (e) All Prepared Food Vendors should allow for the use of customer-supplied Reusable Food Service Ware consistent with California Food Retail Code, unless any customer-supplied Reusable Food Service Ware appears to be soiled, unsanitary, or otherwise appears inappropriate in size, material, or condition for the intended use.

• (f) Prepared Food Vendors and Takeout Food delivery services must provide options for customers to affirmatively request Food Service Ware Accessories across all ordering/point of sale platforms, including but not limited to web, smart phone and other digital platforms, telephone, and in-person. Prepared Food Vendors and Takeout Food delivery services shall not automatically include Food Service Ware Accessories.

• (g) As of January 1, 2023, any Non-reusable Food Service Ware and Food Ware Accessories provided for off-site Food and Beverage Consumption must meet the definition of Compostable in this Chapter. The following Food Service Ware must also be certified Compostable by the Biodegradable Products Institute or another independent third party approved by the City Manager or designee, in collaboration with local waste processors and haulers:

  1. Plates

  2. Bowls

  3. Cups

  4. Clamshells, boxes, deli containers and other containers used for the sale and/or distribution of Prepared Food

• (Ord. 2045 § 2, 2021)

No Person may sell, offer for sale, or otherwise distribute for compensation within the City any Non-reusable Food Service Ware or Food Service Ware Accessories made in whole or in part from Polystyrene or Polystyrene Foam.

(Ord. 2045 § 2, 2021)

• (a) Non-reusable Food Service Ware that is entirely Aluminum Foil-based is exempt from the provisions of this Chapter.

• (b) The City Manager or designee may waive the provisions of this Chapter if any of the following are met:

  1. The applicant demonstrates a feasibility-based hardship. The person seeking the waiver must demonstrate to the City Manager's satisfaction that it is not feasible to meet a specific requirement or that no reasonably feasible alternative exists to a specific non-compliant product.

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City of Palm Springs, CA

BUSINESS REGULATIONS

§ 5.87.005

§ 5.87.010

2. The applicant demonstrates compliance is unreasonably financially prohibitive. The person seeking the exemption must demonstrate to the City Manager's satisfaction that with respect to each specific noncompliant product, there is no suitable and reasonably affordable alternative product available, including, but not limited to, good faith efforts to obtain a substantially similar complaint item at a non-prohibitive price.

3. Strict application of the specific requirement would create an undue hardship, or practical difficulty, not generally applicable to other persons in similar circumstances, and good cause is shown.

• (c) An applicant seeking a waiver under subsection a must submit a written application on a form approved by the City Manager or designee. The City Manager or designee may require the applicant to submit additional information or documentation to make a determination regarding the waiver requested. The City Manager or designee shall review requests for waivers on a case-by-case basis and may grant the waiver in whole or in part, with or without conditions, for a period of up to 12 months. An applicant for renewal of a waiver must apply for a new waiver period no later than 60 days prior to the expiration of the then-current period to preserve a continuous waiver status. The City Manager or designee shall review each application anew and base his or her determination on the most current information available. In no case shall a waiver be retroactive or continue past January 1, 2023.

• (d) Nothing in this chapter shall restrict the availability of single-use plastic straws, cups, or containers to individuals who may require and request them due to disability or other medical or physical conditions or circumstances. Prepared Food Vendors that customarily offer plastic straws, cups, or containers may maintain a small supply of plastic products to accommodate such requests.

• (e) The use of Reusable Food Service Ware and Reusable Food Service Ware Accessories may be suspended in the event of severe drought conditions as described in Desert Water Agency Ordinance 65 or State mandates.

• (Ord. 2045 § 2, 2021)

Any Person, firm or corporation violating any provision of this chapter shall be guilty of an infraction for such violation and shall be subject to penalties as provided in Section 1.01.155. (Ord. 2045 § 2, 2021)

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City of Palm Springs, CA

BUSINESS REGULATIONS

§ 5.89.010

§ 5.89.030