Petaluma Municipal Code Ch. 8.17 Sale and Use of Polystyrene Foam Products

The purpose of this chapter is to regulate the sale and use of speciNed disposable food service ware and other

products containing polystyrene foam in the city to protect the environment and the public health, safety and

welfare from the environmental impacts of such products. Large volumes of polystyrene foam products are

disposed of in Sonoma County, and such products are not fully biodegradable, and currently have no locally

available, economically feasible recycling program. Polystyrene foam products also pose a threat to marine and

other wildlife as well as to creeks and waterways and contaminate the public drainage system. This chapter is

intended to reduce the environmental and public health, safety and welfare threats from disposal of polystyrene

foam products. (Ord. 2695 NCS §4, 2019.)

For purposes of this chapter, the following deNnitions shall apply:

A. "City" means the city of Petaluma, California, a California municipal corporation and charter city, and the area

within the territorial limits of the city.

B. "Disposable food service ware" includes all containers, bowls, plates, trays, cartons, cups, lids, straws, stirrers,

forks, spoons, knives, napkins and other food ware items designed for one-time use for prepared foods, including,

without limitation, service ware for take-out foods and/or leftovers from partially consumed meals prepared by

food providers. The term "disposable food service ware" does not include items composed entirely of aluminum.

C. "Food provider" means any vendor, business, organization, entity, group or individual, and includes retail

food establishments located or providing food within the city that oQer food or beverages for sale or purchase to

the public.

D. "Person" means natural person, joint venture, joint stock company, partnership, association, club, company,

corporation, business, trust, organization, or the manager, lessee, agent, servant, oPcer or employee of any of

them.

E. "Polystyrene foam" means blown polystyrene and expanded and extruded foams (sometimes called StyrofoamTM) which are thermoplastic, petrochemical materials utilizing a styrene monomer processed by any

number of techniques including, but not limited to, fusion of polymer spheres (expandable bead polystyrene),

injection molding, foam molding, and extrusion-blown molding (extruded foam polystyrene). Polystyrene foam is

generally used to make cups, bowls, plates, trays, clamshell containers, meat trays and egg cartons. Polystyrene

products subject to this chapter are those imprinted with the number "6" resin identiNcation code, as illustrated by

the number "6" inside a triangle with three arrows (♸) .

F. "Prepared food" means food or beverages prepared for consumption within the city, using any cooking or

food preparation technique. Prepared food includes food prepared for consumption oQ the food provider’s

premises, also known as "take-out" food.

G. "Retail vendor" means any store or other business that sells retail goods or merchandise and that is located

or operating within the city.

(Ord. 2695 NCS §4, 2019.)

Beginning on and after May 1, 2020, except as otherwise provided in this chapter, food providers shall not sell,

hand out, give away, distribute or otherwise make available for public or customer use prepared food in

disposable food service ware that contains polystyrene foam. (Ord. 2695 NCS §4, 2019.)

Beginning on and after May 1, 2020, except as otherwise provided in this chapter, no retail vendor shall sell, rent

or otherwise provide any disposable food service ware which is composed in whole or in part of polystyrene foam,

and no retail vendor shall sell, rent or otherwise provide any of following products that contain polystyrene foam:

A. Coolers, ice chests, or similar containers, unless they are wholly encapsulated or encased within a more

durable material so as to be durable and reusable;

B. Pool or beach toys, not including personal Ooatation devices such as life jackets; and

C. Packing peanuts or other packaging materials.

(Ord. 2695 NCS §4, 2019.)

A. The city manager or the city manager’s designee may waive the applicability of this chapter to food providers

and retail vendors for a one-year period upon the city manager or city manager’s designee determining, in his or

her sole discretion, that this chapter would create an undue hardship or practical diPculty not generally applicable

to other persons. To be eligible for waiver, food providers and retail vendors must apply in writing to the city

manager’s oPce documenting how this chapter would create an undue hardship. Determinations regarding

waiver applications shall be in writing. Waivers may be granted in whole or in part, with or without conditions, and

shall expire one year after issuance without further action of the city. To renew a waiver granted pursuant to this

subsection, food providers and retail vendors must reapply at least thirty days prior to expiration of the waiver.

Renewal waiver applications are subject to the same requirements as new waiver applications.

B. Foods prepared or packaged outside the city and sold inside the city are exempt from the provisions of this

chapter.

C. Polystyrene products, such as insulation or personal Ootation devices, that are completely encased in a more

durable material are exempt from the provisions of this chapter. Examples of such exempted products include,

but are not limited to, surfboards, boats, life preservers, construction materials, craft supplies, and coolers in

which polystyrene materials are encased in more durable material.

D. Packaging for raw, uncooked meat and Nsh is exempt from the provisions of this chapter.

(Ord. 2695 NCS §4, 2019.)

A. Informal resolution. The city may in the city’s sole discretion seek informal resolution of violations of this

chapter.

B. Violations a nuisance. Violations of this chapter are hereby declared to be public nuisances in accordance with

Chapter 1.10 and subject to enforcement in accordance with Chapter 1.10, Code Enforcement, Generally; Chapter

1.13, Violations Enforced by Civil Action; Chapter 1.14, Administrative Enforcement; and Chapter 1.16,

Administrative Citations.

C. Business license revocation. The city business licenses of persons in violation of this chapter are subject to

suspension or revocation in accordance with Section 6.01.350.

(Ord. 2695 NCS §4, 2019.)

This chapter does not create, and may not be construed so as to create, any city duty to implement or enforce the

requirements of this chapter. (Ord. 2695 NCS §4, 2019.)

To the maximum extent permitted by law, nothing in this chapter may be construed to create a cause of action

against the city or a basis for seeking an award of attorneys’ fees against the city pursuant to the private attorney

general’s statute in California Code of Civil Procedure Section 1021.5 or on any other basis arising from or related

to alleged violations of the requirements of this chapter and/or based on or related to the city’s prosecution or

enforcement or alleged failure to prosecute or enforce such alleged violations, and/or based on or related to the

city’s implementation or alleged failure to implement the requirements of this chapter. (Ord. 2695 NCS §4, 2019.)