Point Arena Municipal Code Ch. 9.45 Disposable Food Ware

(1) The city of Point Arena has a duty to protect the natural environment, our economy and the health of its citizens.

(2) Disposable food and beverage packaging is likely to become litter because it is removed from the place of sale for immediate consumption. Many takeout food ware items such as cups, hinged containers, plates, and bags are commonly found in roadside litter.

(3) Disposable food and beverage packaging made from expanded polystyrene foam (commonly called Styrofoam, a trademark name) is not biodegradable, recyclable for practical purposes, or returnable.

(4) Polystyrene foam easily breaks up into smaller pieces, and because it is lightweight, is carried by the wind and water. As litter, polystyrene foam is highly durable and more persistent than other forms of litter. This litter ultimately floats, or is blown, into waterways where it harms living species.

(5) The U.S. Environmental Protection Agency has stated that the physical properties of polystyrene foam are such that "the material can have serious impacts on human health, wildlife, the aquatic environment and the economy." According to the U.S. Food and Drug Administration, there is medical evidence to suggest that styrene, a primary component of polystyrene foam, leaches from polystyrene foam containers into food and drink.

(6) The state of California's Ocean Protection Council has urged a prohibition on "single-use products that pose significant ocean litter impacts where a feasible and less damaging alternative is available."

(7) It is not economically feasible to recycle polystyrene foam takeout food ware in Mendocino County and no recycling programs accept it. Recycling is possible, however, for some disposable food ware made from materials other than polystyrene foam.

(8) Polystyrene foam is also commonly used as a cushioning material for shipments in boxes and packages, and this material can escape into the environment. Alternative cushioning materials are available and should be used where feasible.

(9) Biodegradable disposable food packaging for cups, plates, hinge containers, cutlery and straws are made from organic materials such as paper, sugarcane fiber, corn waste and potato starch. These products are readily available in Mendocino County.

(10) Major takeout food vendors have voluntarily given up the use of polystyrene foam disposable food ware but other retailers continue to use them in Mendocino County.

(11) The elimination of polystyrene foam disposable food ware and its replacement with biodegradable alternatives would lessen the visual blight and environmental harm from litter in the city of Point Arena and the county of Mendocino.

(Ord. 209 § 1, 2010.)

"Biodegradable"

means that a material or substance has the ability to decompose into natural biological elements within a reasonable time as a result of bacterial action.

"City"

means all that territory within the city of Point Arena. (Or, "county" means all that territory within the unincorporated area of the county of Mendocino, state of California.)

"City of Point Arena facilities"

mean any building, structure or vehicles owned or operated by the city, its agent, agencies, departments and franchisees.

"City of Point Arena facility food provider"

means any entity that provides prepared food in city facilities.

"City contractors and lessees"

mean any person or entity that has a contract with the city of Point Arena for public works or improvements to be performed, for a franchise, concession or lease of property, for grant monies or goods and services or supplies to be purchased at the expense of the city of Point Arena, or to be paid out of monies deposited in the treasury or out of trust monies under the control or collected by the city.

"Disposable food service ware" or "takeout food ware"

includes all containers, bowls, plates, trays, cartons, cups, lids, straws, stirrers, forks, spoons, knives, napkins and other items designed for one-time use for prepared foods, including without limitation, service ware for food that is removed from the premises for consumption elsewhere. The term "disposable food service ware" does not include items composed entirely of aluminum or glass, California Redemption Beverage Containers, or polystyrene foam coolers and ice chests that are intended for reuse.

"Food provider"

means any business, organization, entity, group or individual, including retail food establishments, located in the city that offers food or beverage to the public.

"Mendocino solid waste management authority"

is a joint powers authority formed by the county of Mendocino, city of Ukiah, city of Fort Bragg and city of Willits to provide certain services.

"Person"

means an individual, trust, firm, joint stock company, corporation including government corporation, partnership or association.

"Polystyrene foam"

means blown polystyrene and expanded and extruded foams (sometimes called Styrofoam) 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-blown molding. Polystyrene foam is generally used to makes cups, bowls, plates, trays, clamshell containers, meat trays and egg cartons.

"Prepared food"

means food or beverages, which are served, packaged, cooked, chopped, sliced, mixed, brewed, frozen, squeezed or otherwise prepared on the food provider's premises or within the city for individual customers. For purposes of this chapter, prepared food includes takeout food but does not include packaged raw, butchered meats, fish and/or poultry sold from a butcher case or similar retail appliance. Prepared food may be eaten either on or off the premises.

"Retail food establishment"

means all sales outlets, stores, shops, vehicles or other places of business located within the city which operate primarily to sell or convey foods or beverages directly to the ultimate consumer. Retail food establishments shall include, but are not limited to, any place where food is prepared, mixed, cooked, based, smoked, preserved, bottled, packaged, handled, stored, manufactured and sold or offered for sale, including any fixed or mobile restaurant, drive-in, coffee shop, cafeteria, delicatessen, sandwich shop, hotel, motel, movie house, theatre, bed and breakfast inn, tavern, bar, cocktail lounge, nightclub, roadside stand, takeout prepared food place, industrial feeding establishment, catering kitchen, commissary, grocery store, public food market, produce stand, food stand or similar place in which food or drink is prepared for sale or for service; and any organization or individual which provides food or beverage as part of its service or in conjunction with a special event it sponsors.

(Ord. 209 § 2, 2010.)

(1) Retail food establishments and food providers may 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.

(2) The city of Point Arena facility food providers may not provide prepared foods in disposable food service ware that contains polystyrene foam.

(3) The city of Point Arena departments may not purchase, acquire or use disposable food service ware that contains polystyrene foam.

(4) The city of Point Arena contractors and lessees may not use disposable food service ware that contains polystyrene foam in the city of Point Arena facilities and while performing under a city of Point Arena contract or lease.

(Ord. 209 § 3, 2010.)

It is the policy of the city of Point Arena to promote and encourage, on a voluntary basis, the use of alternatives to polystyrene foam in non-food applications such as cushioning in shipping boxes or packages. The Mendocino solid waste management authority is directed to provide information to shippers, retailers and the public on alternatives to polystyrene foam for such applications.

(Ord. 209 § 4, 2010.)

It is the policy of the city of Point Arena to promote and encourage, on a voluntary basis, the use of biodegradable disposable food service ware by retail food establishments in order to lessen the environmental harm of disposable food service ware that becomes litter. The Mendocino solid waste management authority is directed to provide information to retail food establishments and the public on biodegradable disposable food service ware.

(Ord. 209 § 5, 2010.)

(1) The city council of the city of Point Arena shall have primary responsibility for enforcement and shall have the authority to issue citations for violations of this chapter. The city clerk/administrator or designee shall, on the direction of council, issue a written warning for the first violation, and shall levy a fine not exceeding $100.00 for the second violation within one year of the first warning, and shall levy a fine not exceeding $500.00 for each subsequent violation.

(2) Any person violating or failing to comply with the requirements of this chapter shall be guilty of an infraction. If charged as an infraction, upon conviction thereof, said person shall be punished for the first offense by a fine of not more than $100.00 for a first violation; not more than $500.00 for each subsequent violation in the first year.

(3) The city attorney may seek legal, injunctive, or any other relief to enforce this chapter.

(4) The city clerk/administrator or designee may inspect any retail food establishment premises to verify compliance with this chapter.

(Ord. 209 § 6, 2010.)