Port Hueneme Municipal Code Ch. 8 Sale, Manufacturing, and Distribution of Designated Expanded Polystyrene…

For the purposes of this Chapter, the following words shall have the following meanings:

(a) "Affordable" means a product that may cost up to but no more than fifteen (15) percent more than the purchase cost of plastic or bioplastic product(s).

(b) "Biodegradable" means any material able to degrade and break down into their individual molecules and biomass through the use of living organisms (mainly microorganisms like bacteria, fungi, algae or their enzymes) in the natural environment or landfill within one (1) year.

(c) "Bioplastic" means a substance made from biomass or renewable sources, unlike conventional plastics which are made from petroleum or natural gas. Bioplastics are sometimes used as a broader term that also refers to a fossil-fuel based plastic that's been combined with additives to degrade over various timeframes. Bioplastics are made through a number of different processes, for example, the use of a microorganism to process base materials such as vegetable oils, cellulose, starches, acids and alcohols. Not all bioplastic is biodegradable. http://www.beachapedia.org/Bioplastic\_Glossary

(d) "City of Port Hueneme Contractor" means any person or entity that has a contract with the City of Port Hueneme for work or improvement to be performed, for a franchise, concession, for grant monies, goods and services, or supplies to be purchased at the expense of the City, or to be paid out of monies deposited in the Treasury or out of trust monies under the control of or collected by the City of Port Hueneme.

(e) "City of Port Hueneme Facility" means any building, structure or vehicle owned and operated by the City of Port Hueneme, its agents, agencies, and departments.

(f) "Disposable foodware accessories" includes: lids, straws, stirrers, forks, spoons, knives, napkins, condiment packets and other items designed for one-time use for prepared foods, including without limitation serviceware for take-out foods and/or leftovers from partially consumed meals prepared by food providers.

(g) "Disposable foodware containers" is interchangeable with "to go" packaging and "food packaging material" and includes: all containers, clamshells, bowls, plates, trays, cartons, cups, beverage containers and other items designed for one-time use for prepared foods, including without limitation disposable foodware containers for take-out foods and/or leftovers from partially consumed meals prepared by food providers.

(h) "Event promoter" means an applicant for any special event permit issued by the City or any City employee(s) responsible for any City organized event.

(i) "Expanded polystyrene or EPS" means blown expanded and extruded polystyrene (sometimes called Styrofoam™) or other plastic foams 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). Polystyrene and other plastic foam is generally used to make cups, beverage containers, bowls, plates, trays, clamshell containers, meat trays, raw meat trays, egg cartons, coolers, ice chests, shipping boxes, packing peanuts, and beach or pool toys.

(j) "Expanded polystyrene or EPS products" means any disposable food containers, coolers, ice chests, cups, bowls, plates, clamshells, shipping boxes, containers, cutlery, and other merchandise containing EPS that is not wholly encapsulated or encased by a more durable material.

(k) "Food provider" means all sales outlets, stores, shops, vehicles, or other places of business located within the City, including, without limitation, sidewalk and street vendors, food trucks/vehicles, and Microenterprise Home Kitchen Operations (MEHKO), which sells or conveys foods or beverages, which foods or beverages are contained, wrapped or held in or on packaging. "Food provider" shall include, but not be limited to, any place where food is prepared, mixed, cooked, baked, smoked, preserved, bottled, packaged, handled, stored, manufactured and sold or offered for sale, including, but not limited to, any fixed or mobile restaurant, drive-in, coffee shop, cafeteria, school cafeteria, short-order cafe, delicatessen, luncheonette, grill, sandwich shop, soda fountain, hotel, motel, movie house, theater, bed and breakfast inn, tavern, bar, cocktail lounge, nightclub, roadside stand, take-out prepared food place, industrial feeding establishment, catering kitchen, mobile food preparation unit, 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, on the premises or elsewhere, and any other establishment or operation where food is processed, prepared, stored, served or provided for the public; and any organization, group or individual which provides food as part of its service or any organization, group, or individual that regularly provides prepared food to its members or the general public as a part of its activities or services.

(l) "Person" means an individual, business, event promoter, trust, firm, joint stock company, corporation, non-profit, including a government corporation, partnership, or association.

(m) "Plastic" means a synthetic material made from a wide range of petroleum or biologically based polymers such as polyethylene, polystyrene, PLA, etc., that can be molded into shape while soft and then set into a rigid or slightly elastic form.

(n) "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 of Port Hueneme. Prepared food does not include raw, butchered meats, fish and/or poultry sold from a butcher case or similar establishment.

(o) "Vendor" means any store or business that sells or offers goods or merchandise located or operating within the City of Port Hueneme, including those referenced in the definition of food provider.

(Ord. No. 792, § 2, 4-3-23)

(a) No food provider shall distribute or provide, by sale or otherwise, any EPS disposable foodware within the City.

(b) City contractors in the performance of City contracts and event promoters are prohibited from distributing or providing, by sale or otherwise, any EPS disposable foodware within the City.

(c) It shall be unlawful for any food provider to provide, distribute, or sell straws, utensils, plates, stirrers, cups, lid plugs, and condiment cups made from plastic or bioplastic to any person.

(d) No person shall distribute or provide beverage straws, utensils, plates, stirrers, cups, lid plugs, and condiment cups made of plastic or bioplastic at any City facility or any City-sponsored event.

(e) Nothing in this section precludes a food provider from using, providing, distributing, or selling non-plastic or non-bioplastic alternatives to plastic or bioplastic beverage straws, plates, utensils, plastic, stirrers, cups, lid plugs and condiment cups to customers upon request.

(Ord. No. 792, § 2, 4-3-23)

(a) No person shall manufacture, offer for sale, distribute, or provide disposable foodware made in whole, or in part, from EPS in the City.

(b) No person shall manufacture, offer for sale, distribute, or provide EPS products that are not wholly encapsulated, including, without limitation, packaging and cushioning material intended for the packaging of products, equipment, or other items, including, packing or packaging peanuts, popcorn, or noodles.

(Ord. No. 792, § 2, 4-3-23)

(a) Online ordering platforms shall identify the available disposable foodware accessories from the food provider that customers may request in an online order.

(b) Online ordering platforms shall include on any online ordering platform, website, or application an "opt-in" option for a customer placing an online order to request disposable foodware accessories from available disposable foodware accessories as part of the customer's online order.

(c) Online ordering platforms shall not provide disposable foodware accessories to any customer who does not affirmatively "opt-in" to request disposable foodware accessories as part of a pick-up or delivery of online order.

(d) Nothing in this Chapter shall prohibit a food provider or third-party food delivery service from providing a disposable plastic drinking straw or other disposable straw that is included as part of a product that is pre-packaged by a manufacturer outside the City, such as a juice box.

(Ord. No. 792, § 2, 4-3-23)

The following EPS foodware and products are exempt from the provisions of this Chapter:

(a) Prepared food packaged outside of the City, provided that such food is not altered or repackaged within the territorial jurisdiction of the City.

(b) Products made from EPS which are wholly encapsulated or encased by a more durable material, including surfboards, life preservers, and craft supplies, which are wholly encapsulated or encased by a more durable material, and coolers encased in hard plastic.

(c) Wholly encapsulated containers designed to safely transport by mail or common carrier prepared food, frozen goods, perishables, pharmaceuticals, biotech, and medical supplies in compliance with the Food and Drug Administration or other regulatory agency recommended temperatures.

(d) EPS containers, plates, or trays for raw eggs, butchered meats, fish, and/or poultry as recommended by the Food and Drug Administration or other regulatory agency.

(e) Construction products made from, or that include, EPS provided said products are used in compliance with other City, State, and Federal provisions, codes, ordinances, or regulations.

(f) EPS products or materials that been secured in response to an emergency or for a public health and safety requirement.

(g) EPS products or materials that are necessary for medical purposes.

(h) During a locally declared emergency, the City, emergency response agencies operating within the City, users of City facilities, and food providers shall be exempt from the provisions of this Chapter.

(i) Situations where no reasonably feasible and alternative materials exist to a specific and necessary EPS use.

(Ord. No. 792, § 2, 4-3-23)

(a) The City Manager, or his or her designee, shall have authority to promulgate rules or administrative policies with respect to the enforcement of this Chapter, and shall have the authority to enforce the provisions of this Chapter through the issuance of administrative citations pursuant to Article I, Chapter 6 of the Municipal Code.

(b) The City Attorney is hereby authorized to enforce the provisions of this Chapter through any process at law or in equity, with all remedies being cumulative and not exclusive. Nothing in this Chapter shall be interpreted to preclude the City from pursuing any remedy available through lawful process.

(c) Citation Schedule:

(1) A person, vendor, event promoter, or food provider found to be in violation of this Chapter shall be fined not more than one hundred dollars ($100.00) for a first violation; and

(2) A person, vendor, event promoter, or food provider found to be in violation of this Chapter shall be fined not more than two hundred dollars ($200.00) for a second violation within one (1) year; and

(3) A person, vendor, event promoter, or food provider found to be in violation of this Chapter shall be fined not more than five hundred dollars ($500.00) for a third and subsequent violation within one (1) year.

(Ord. No. 792, § 2, 4-3-23)

The first six (6) months following adoption of this Ordinance will be an education and awareness period with no enforcement other than written warnings. Six (6) months following effective date of the ordinance, on November 3, 2023, the provisions of Section 5635 of this Chapter will be in full force and effect.

(Ord. No. 792, § 2, 4-3-23)