San Clemente Municipal Code Ch. 8.30 Prohibition - on Use of Expanded Polystyrene Food Service Ware

The purpose of this Chapter is to establish standards and procedures for environmental waste and litter reduction measures, promote environmentally sustainable practices throughout the City, and support the City's Sustainability Action Plan by prohibiting the use of expanded polystyrene food service ware by Food Vendors within the City of San Clemente and in City Facilities, city-managed concessions, city-sponsored or co-sponsored events, city permitted events and all franchisees, contractors and vendors doing business with the City.

(Ord. No. 1533, § 1, 1-4-2011)

A. ....."City Facilities" means any building, structure, or vehicle owned or operated by the City of San Clemente, its agents, agencies, departments, and franchisees.

B. ....."Customer" means any person obtaining Prepared Food from a Restaurant or Retail Food Vendor.

C. ....."Disposable Food Service Ware" means all containers, trays, cartons, cups, and other items that are designed for one-time use and on, or in, which any Restaurant or Retail Food Vendor directly places or packages Prepared Foods or which are used to consume foods. This includes, but is not limited to, service ware for takeout foods and/or leftovers from partially consumed meals prepared at Restaurants or Retail Food Vendors such as plates, cups, bowls, lids, trays, and hinged or lidded containers. This does not include single-use disposable straws or utensils.

D. ....."Expanded Polystyrene" (EPS) means polystyrene that has been expanded or "blown" using a gaseous blowing agent into a solid foam. EPS is sometimes called "Styrofoam"; a Dow Chemical Co. trademarked form of polystyrene foam insulation.

E. ....."Food Vendor" means any establishment located or operating within the City of San Clemente which provides prepared and ready-to-consume food or beverages for public consumption, including but not limited to any store, supermarket, delicatessen, Restaurant, Retail Food Vendor, sales outlet, shop, cafeteria, catering truck or vehicle, sidewalk or other outdoor vendor, or caterer.

F. ....."Polystyrene" means and includes expanded polystyrene, which is a thermoplastic petrochemical material 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-blow molding (extruded foam polystyrene).

G. ....."Prepared Food" means food or beverages which are served, packaged, cooked, chopped, sliced, mixed, brewed, frozen, squeezed, or otherwise prepared on the Food Vendor's premises and within the City of San Clemente with the intent of consumption on or off the premises as the balance of an unfinished meal or as "takeout food." For the purposes of this ordinance, "Prepared Food" does not include raw, butchered, ground, chopped, or sliced meats, fish, and/or poultry sold from a butcher case or similar retail appliance for subsequent preparation.

H. ....."Restaurant" means any establishment located within the City of San Clemente that sells prepared food for consumption on, near, or off its premises by Customers. "Restaurant," for purposes of this Chapter, includes mobile food preparation units as defined in Chapter 5.52 of the San Clemente Municipal Code.

I. ....."Retail Food Vendor" means any store, shop, sales outlet, or other establishment, including a grocery store or a delicatessen, other than a Restaurant, located within the City of San Clemente that provides Prepared Food.

(Ord. No. 1533, § 1, 1-4-2011)

A. .....Except as provided by Section 8.30.040, Food Vendors are prohibited from providing Prepared Food in Disposable Food Service Ware made of EPS.

B. .....Except as provided by Section 8.30.040, all City Facilities, City-managed concessions, City-sponsored or co-sponsored events, City permitted events and all franchisees, contractors, and vendors doing business with the City are prohibited from using Disposable Food Service Ware made of EPS within the City of San Clemente.

(Ord. No. 1533, § 1, 1-4-2011)

A. .....Foods prepared or packaged outside the City of San Clemente, which are not sold or offered for immediate consumption by the same entity, or an associated entity, as the entity preparing or packaging the foods, are exempt from the provisions of this chapter. Purveyors of food prepared or packaged outside the City of San Clemente are encouraged to follow the provisions of this chapter.

B. .....EPS coolers and ice chests that are intended for reuse are exempt from the provisions of this Chapter.

C. .....The City Manager or his/her designee may exempt a Retail Food Vendor or Restaurant from the requirements of this Chapter for a one-year period, upon written request by an applicant that the conditions of the Chapter would cause an Undue Hardship. The City Manager or his/her designee shall prepare a written decision to grant or deny a one-year exemption, which decision shall be final.

D. .....An "Undue Hardship" may consist of:

1. Situations unique to the applicant where the are no reasonable alternatives to EPS food service ware and compliance with the Chapter would cause a severe economic hardship to that applicant; or

2. Situations where no reasonably feasible available alternative exists to a specific and necessary EPS product.

E. .....A Retail Food Vendor or Restaurant granted an exemption must reapply in writing prior to the end of the one-year exemption period and demonstrate continued undue hardship, if it wishes to have the exemption extended.

F. .....An exemption application shall include all information necessary for the making of a decision on the application, including but not limited to documentation showing the factual support for the claimed exemption. The applicant may be required to provide additional information to permit the determination of facts regarding the exemption application.

G. .....An exemption application may be approved in whole or in part, with or without conditions.

H. .....The City Manager or his/her designee may also determine to exempt from the requirements of this Chapter the procurement of supplies or services in the event of a proclaimed emergency or when otherwise deemed necessary by the City Manager for the immediate preservation of the public health, safety, or general welfare.

(Ord. No. 1533, § 1, 1-4-2011; Ord. No. 1680, § 5, 9-18-2019)

A. .....Any violation of this Chapter shall be enforced through the Administrative Citation Program set forth in Chapter 1.20 of the City of San Clemente Municipal Code.

B. .....Each and every day that Disposable Food Service Ware made of EPS is provided shall constitute a separate violation of this Chapter.

C. .....The City Attorney may seek legal, injunctive, or other equitable relief to enforce this Chapter.

(Ord. No. 1533, § 1, 1-4-2011)

A. .....This Chapter will become effective on July 1, 2011.

(Ord. No. 1533, § 1, 1-4-2011)

A. .....Nothing in this Chapter shall be interpreted or applied so as to create any requirement, power, or duty in conflict with any federal or state law.

(Ord. No. 1533, § 1, 1-4-2011)