Rialto Municipal Code Ch. 8.01 Manufacture, Sale and Distribution of Polystyrene Plastics Products

A. Available scientific evidence indicates a strong probability that the family of substances known as chlorofluorocarbons, when discharged into the atmosphere, degrade the earth's protective layer of ozone, allowing increased amounts of ultraviolet radiation to penetrate the atmosphere, posing an acute and immediate danger to human health, life and the environment. Available scientific evidence indicates the strong possibility that the resulting increase in human exposure to ultraviolet radiation may have caused an increase in the incidence of skin cancers and other serious illnesses.

B. One source of the chlorofluorocarbons presently being released into the atmosphere is the use of these substances as blowing agents in the manufacture of some of the polystyrene foam packaging products used in the food service industry. There are substitutes for these products currently available which do not use chlorofluorocarbons in their manufacture.

C. The people and the city of Rialto support international, federal and state bans on all uses of chlorofluorocarbons not deemed absolutely essential. Until such bans are in effect, responsible action to reduce chlorofluorocarbon use and alert the public to the danger posed by these substances must be undertaken at the local level.

D. It is the intent of the council to reduce the amount of CFC-processed products purchased and used by the city and people of Rialto and thereby to reduce the health hazards created by the manufacture of these products.

(Ord. 1044 (part), 1988)

For the purpose of this chapter, the words set out in this section shall have the following meanings:

A. "Chlorofluorocarbons" ("CFC's") means the family of substances containing carbon, fluorine and chlorine, having no hydrogen atoms and no double bonds.

B. "CFC-processed takeout food packaging" means takeout food packaging which uses chlorofluorocarbons as blowing agents in its manufacture.

C. "Customer" means anyone purchasing food or beverages from a takeout food vendor.

D. "Person" or "anyone" means any natural person, firm, corporation, partnership or other organization or group however organized.

E. "Polystyrene plastic" means a thermoplastic petrochemical material utilizing a styrene monomer and a blowing agent compound which is used to produce molded expanded or extruded expanded polystyrene plastic foam.

F. "Polystyrene food packaging" means a thermoplastic petrochemical material utilizing a styrene monomer and blowing agents used for packaging and containing food and drink materials, including, but not limited to, cups, bowls, plates, hinged carryout and sandwich containers, egg cartons and stock food crates.

G. "Supplier" means anyone selling, or otherwise supplying, takeout food packaging to a retail food vendor.

H. "Takeout food" means prepared foods or beverages requiring no further preparation to be consumed, which are normally consumed within one hour of purchase, and which are purchased in order to be consumed off vendor's premises.

I. "Takeout food packaging" means all bags, sacks, wrapping, containers, bowls, plates, trays, cartons, cups and lids on which or in which food or beverages are placed or packaged on the takeout food vendor's premises, which are not intended for reuse. "Takeout food packaging" does not include forks, knives, straws or single-service condiment packages.

J. "Takeout food vendor" means any restaurant or other establishment selling food and beverages for immediate consumption located within the city which receives more than twenty percent of its revenues from the sale of takeout food.

(Ord. 1044 (part), 1988)

On or after July 1, 1989, no takeout food vendor shall purchase, obtain, keep, sell, distribute, provide to customers, or otherwise use in its business any CFC-processed takeout food packaging except as provided in Sections 8.01.040, 8.01.050 and 8.01.060.

(Ord. 1044 (part), 1988)

The city administrator or his/her authorized representative may exempt a takeout food vendor from the provisions of this chapter upon proper written application and a showing of undue hardship and/or a showing that no appropriate substitute takeout food packaging is available. Such an application shall include all documentation deemed necessary by the applicant to support the claimed exemption and shall include a list of all suppliers contacted regarding the availability of substitute takeout food packaging.

(Ord. 1234 (part), 1995: Ord. 1044 (part), 1988)

This chapter shall have no effect as to any contract entered into between a takeout food vendor and a supplier prior to the effective date of the ordinance codified in this chapter. Any takeout food packaging received pursuant to any such contract shall be exempt from the terms of this chapter.

(Ord. 1044 (part), 1988)

Any vendor claiming to derive less than twenty percent of its revenues from the sale of takeout food shall supply documentation establishing that claim.

(Ord. 1044 (part), 1988)

On or after July 1, 1989, it is unlawful to manufacture, sell or distribute to any person in the city any product made of, or with polystyrene plastic unless the product is made using a blowing agent compound and meets all of the following criteria:

A. The blowing agent compound will reduce the potential for ozone depletion by more than ninety-five percent compared to the ozone depletion potential of CFD-12 (dychlorodifluorothane).

B. The blowing agent compound will not contribute to the formation of ozone in the lower atmosphere. The compound does not contribute to that formation of ozone if both of the following conditions are met:

1. The compound is not prohibited by any federal, state, regional or local regulation.

2. The manufacture of the blowing agent compound and polystyrene plastic utilized the best available technology, as certified by an appropriate governmental agency which has the jurisdiction to make such determinations, to control the emissions. For the purpose of this subdivision, the phrase "best available technology" means:

i. As to an existing facility, the best available retrofit control technology as defined in Section 40406 of the Health and Safety Code; and

ii. As to a new facility or the expansion of an existing facility, the best available control technology as defined in Section 40405 of the Health and Safety Code.

C. The use of the compound has been approved by the Federal Food and Drug Administration for use in food containers.

D. The use of the compound does not present any significant risk toworkers or public health due to its toxicity, corrosivity, flammability or other hazardous properties.

(Ord. 1044 (part), 1988).

In addition to any other applicable civil or criminal penalty, any person convicted of a violation of this chapter is guilty of an infraction, which is punishable by a fine not to exceed fifty dollars for the first violation, one hundred dollars for the second violation within one year, and two hundred fifty dollars for each additional violation within one year. Each incident in violation of Section 8.01.030 shall constitute a separate violation.

(Ord. 1044 (part), 1988).