Chapter 5.30 — DISPOSABLE FOODWARE ITEMS AND OTHER DISPOSABLE

PRODUCTS

Sections:

(a) "City Facilities" refers to any real property, building, structure or vehicle owned or operated by the City of Palo Alto, its agents, departments and franchises.

(b) "Compostable" means items deemed acceptable within the city's compost collection program as determined by the Director of Public Works and identified on the city's website.

(c) "Disposable" means items designed to be used once or a limited number of times and then discarded, whether the item is non-recyclable, Recyclable or Compostable.

(d) "Food Service Container" means a product used by Food Service Establishments for serving or transporting prepared and ready-to-consume food or beverages. This includes but is not limited to plates, cups, bowls, lids, trays and hinged or lidded containers.

(e) "Food Service Establishment" means any establishment, located or providing food within the City of Palo Alto, which provides prepared and ready to consume food or beverages, for public consumption including but not limited to any Retail Service Establishment, eating and drinking service (as defined in Title 18), takeout service (as defined in Title 18), supermarket, delicatessen, restaurant, food vendor, sales outlet, shop, cafeteria, catering truck or vehicle, cart or other sidewalk or outdoor vendor or caterer which provides prepared and ready-to-consume food or beverages, for public consumption, whether open to the general public or limited to certain members of the public (i.e., company cafeteria for employees).

(f) "Foodware Item" means any item used or provided by Food Service Establishments to serve or consume food or beverages. Foodware Items include Food Service Containers, condiment cups and packets, straws, utensils (forks, spoons, sporks, knives, chopsticks), drink stirrers, beverage spill plugs, napkins, and other drink or food accoutrements.

(g) "Plastic Foam" means blown expanded and extruded plastic foams made from polystyrene or other resins which are processed by any number of techniques including, but not limited to, fusion of monomer spheres (expanded bead plastic), injection molding, foam molding and extrusion-blown molding (extruded foam plastic). Expanded polystyrene and other plastic foam resins are generally used to make disposable cups, bowls, plates, trays, egg cartons, clamshell containers, ice chests, shipping boxes and packing materials.

(h) "Plastic Foam Products" means Disposable Plastic Foam ice chests, cups, bowls, plates, clamshells, shipping boxes containers, egg cartons, packaging peanuts, packing blocks or other packaging materials that are not wholly encapsulated or encased by a more durable material. Additional Plastic Foam Products may be added by administrative regulation promulgated by the Director of Public Works.

(i) "Prepared Food" means any food or beverage prepared for consumption using any cooking, packaging, or food preparation technique, including but not limited to cooking, chopping, slicing, mixing, freezing, squeezing, or brewing, and which requires no further preparation to be consumed. Prepared food includes uncooked fruits or vegetables, "take-out" food, or food prepared to be consumed off the Food Service Establishment premises. Prepared Food does not include any uncooked meat, fish or poultry.

(j) "Recyclable" means items deemed acceptable within the city’s recycling collection program as determined by the Director of Public Works and identified on the city’s website.

(k) "Retail Service Establishment" shall have the same meaning as Retail Service as defined in Title 18 of this Code.

(l) "Reusable Foodware" means a Foodware Item made of durable materials and designed to be used repeatedly with a useful life greater than one year.

(Ord. 5473 § 2 (part), 2019: Ord. 5371 § 2 (part), 2016: Ord. 5039 § 2 (part), 2009)

(a) Except as provided by section 5.30.030, Food Service Establishments are prohibited from providing prepared food in Disposable Food Service Containers made from Plastic Foam or other non-recyclable plastic.

(b) Except as provided by Section 5.30.030, Retail Service Establishments are prohibited from selling, leasing or otherwise providing Plastic Foam Products.

(c) "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.

(d) "Disposable" means items designed to be used once or a limited number of times and then discarded, whether the item is non-recyclable, Recyclable or Compostable.

(e) "Food Service Container" means a product used by Food Service Establishments for serving or transporting prepared and ready-to-consume food or beverages. This includes but is not limited to plates, cups, bowls, lids, trays and hinged or lidded containers.

(f) "Food Service Establishment" means any establishment, located or providing food within the City of Palo Alto, which provides prepared and ready to consume food or beverages, for public consumption including but not limited to any Retail Service Establishment, eating and drinking service (as defined in Title 18), takeout service (as defined in Title 18), supermarket, delicatessen, restaurant, food vendor, sales outlet, shop, cafeteria, catering truck or vehicle, cart or other sidewalk or outdoor vendor or caterer which provides prepared and ready-to-consume food or beverages, for public consumption, whether open to the general public or limited to certain members of the public (i.e., company cafeteria for employees). For the purpose of this ordinance "Food Service Establishment" shall include all entities found in "Food Facility" as listed in CA HSC Ch. 2 Section 113789(a).

(g) "Foodware Item" means any item used or provided by Food Service Establishments to serve or consume food or beverages. Foodware Items include Food Service Containers, condiment cups and packets, straws, utensils (forks, spoons, sporks, knives, chopsticks), drink stirrers, beverage spill plugs, napkins, and other drink or food accouterments.

(h) "Plastic Foam" means blown expanded and extruded plastic foams made from polystyrene or other resins which are processed by any number of techniques including, but not limited to, fusion of monomer spheres (expanded bead plastic), injection molding, foam molding and extrusion-blown molding (extruded foam plastic). Expanded polystyrene and other plastic foam resins are generally used to make disposable cups, bowls, plates, trays, egg cartons, clamshell containers, ice chests, shipping boxes and packing materials.

(i) "Plastic Foam Products" means Disposable Plastic Foam ice chests, cups, bowls, plates, clamshells, shipping boxes containers, egg cartons, packaging peanuts, packing blocks or other packaging materials that are not wholly encapsulated or encased by a more durable material. Additional Plastic Foam Products may be added by administrative regulation promulgated by the Director of Public Works.

(j) "Prepared Food" means any food or beverage prepared for consumption using any cooking, packaging, or food preparation technique, including but not limited to cooking, chopping, slicing, mixing, freezing, squeezing, or brewing, and which requires no further preparation to be consumed. Prepared food includes uncooked fruits or vegetables, "take-out" food, or food prepared to be consumed off the Food Service Establishment premises. Prepared Food does not include any uncooked meat, fish or poultry.

(k) "Recyclable" means items deemed acceptable within the city’s recycling collection program as determined by the Director of Public Works and identified on the city’s website.

(l) "Retail Service Establishment" shall have the same meaning as Retail Service as defined in Title 18 of this Code.

(m) "Reusable Foodware" means a Foodware Item made of durable materials and designed to be used repeatedly with a useful life greater than one year.

(n) "Third-party food delivery platform" means a business engaged in the service of online food ordering and delivery from a food service establishment to a consumer.

(Ord. 5547 § 2, 2022: Ord. 5473 § 2 (part), 2019: Ord. 5371 § 2 (part), 2016: Ord. 5039 § 2 (part), 2009)

Effective January 1, 2020:

(a) Food Service Establishments are prohibited from providing the following Disposable Foodware Items:

1. Plastic straws

2. Plastic utensils (e.g., forks, knives, spoons, sporks, chopsticks)

3. Plastic drink stirrers, drink plugs, and other drink accoutrements such as novelty cocktail accessories

4. Plastic food picks and toothpicks

(b) Food Service Establishments, City Facilities, and vendors at City-sponsored events shall provide the following Foodware Items only if they are Reusable or Compostable:

1. Straws

2. Utensils (e.g., forks, knives, spoons, sporks, chopsticks)

3. Drink stirrers, drink plugs, and other drink accoutrements such as novelty cocktail accessories

4. Food picks and toothpicks

(c) Food Service Establishments shall provide permitted Disposable Foodware Items, other than Food Service Containers, only upon consumer request or at a self-serve station.

(d) Food Service Establishments are prohibited from providing consumers with wrapped bundled foodware and condiments.

1. Food Service Establishments may provide unwrapped disposable foodware accessories by a single serve dispenser to a consumer using

refillable self-service dispensers that dispense one item at a time to allow for disposable foodware accessories to be obtained.

2. Food Service Establishments may provide condiments to a consumer using refillable self-service dispensers to allow for condiments to be

obtained.

(e) Third-party food delivery platforms are prohibited from providing foodware and condiments unless the consumer selects or requests the items.

1. Consumers must have the option to opt-in to request disposable foodware and condiments including the number of each unit identified on

the third-party food delivery platform application, food service establishment web site, or any vendor website or app when picking-up food from a food service establishment and delivering food to a consumer.

2. If a consumer does not select any disposable foodware accessories or condiments, no disposable foodware accessory or condiment shall be

provided by the food service establishment or third-party vendor for delivery with ready-to-eat food.

(Ord. 5547 § 3, 2022: Ord. 5473 § 2 (part), 2019)

(a) The following exemptions shall apply:

(i) Foods prepared or packaged outside the City of Palo Alto are exempt from the provisions of this Chapter. Purveyors of food prepared or packaged outside the City of Palo Alto are encouraged to follow the provisions of this Chapter.

(ii) The Director of Public Works may exempt a Food Service Establishment, Retail Service Establishment or City Facility/vendor from the requirements of this Chapter for a period of up to one year, if the applicant for such exemption can demonstrate that the conditions of this Chapter would cause an undue hardship. An "undue hardship" includes, but is not limited to situations unique to the applicant where there are no reasonable alternatives to Plastic Foam Products or non-recyclable plastic Disposable Food Service Containers and compliance with this Chapter would cause significant economic hardship to that applicant, or cause them to be deprived of a legally protected right.

(iii) A Food Service Establishment, Retail Service Establishment or City facility/vendor seeking an exemption application shall include all information necessary for the City to make its decision, including but not limited to documentation showing the factual support for the claimed exemption. The Director may require the applicant to provide additional information to permit the Director to determine facts regarding the exemption application. This exemption does not apply to the requirements found in California Public Resource Code Chapter 5.2 Single-Use Foodware Accessories and Condiments.

(iv) Emergency Supplies and Service Procurement. City facilities, Food Service Establishments, Retail Service Establishments, City contractors and vendors doing business with the City shall be exempt from the provisions of this chapter, in a situation deemed by the City Manager to be an emergency for the immediate preservation of the public peace, health or safety.

(v) Nothing in this Chapter shall restrict, or be construed to restrict, the availability of single-use plastic straws to individuals who may require and request the use of single-use plastic straws due to disability or other medical or physical conditions or circumstances. It shall not be a violation of this Chapter for any Food Service Establishment, City Facility or City-sponsored event vendor to provide single-use plastic straws to such individuals who request plastic straws.

(vi) The following facilities are not required to comply with the provisions in this chapter.

(1) Health Care Facilities (patient rooms only).

(2) Residential Care Facilities.

(Ord. 5547 § 4, 2022: Ord. 5473 § 2 (part), 2019: Ord. 5371 § 2 (part), 2016: Ord. 5039 § 2 (part), 2009)

If any provision or clause of this chapter is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other provisions of this chapter, and clauses of this chapter are declared to be severable.

(Ord. 5371 § 2 (part), 2016; Ord. 5039 § 2 (part), 2009)

(a) The Director of Public Works shall have primary responsibility for enforcement of this chapter. The Director of Public Works 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, entering the premises of any Food Service Establishment to verify compliance and the types of Recyclable and Compostable Foodware Items acceptable in the City’s collection program.

(b) Anyone violating or failing to comply with any of the requirements of this Chapter shall be guilty of an infraction as set forth in Chapter1.08 of the Palo Alto Municipal Code.

(c) Anyone violating or failing to comply with any of the requirements of this Chapter shall be subject to an administrative penalty or administrative compliance order as set forth in Chapters 1.12 and 1.16 of the Palo Alto Municipal Code.

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

(Ord. 5473 § 2 (part), 2019: Ord. 5371 § 2 (part), 2016: Ord. 5039 § 2 (part), 2009)

This Chapter is intended to be a proper exercise of the City's police power, to operate only upon its own officers, agents, employees and facilities and other persons acting within its boundaries, and not to regulate inter-city or interstate commerce. It shall be construed in accordance with that intent.

(Ord. 5371 § 2 (part), 2016; Ord. 5039 § 2 (part), 2009)