San Ramon Municipal Code Art. 1 Polystyrene Foam Food Packaging and Foodware

(Ord. No. 525, § 1, 04/09/2024) As used in this article: Chlorofluorocarbons or CFC's are the family of chemical substances commonly referred to as such, and contain carbon, fluorine and chlorine, and have no hydrogen atoms and no double bonds. Customer means anyone purchasing food or beverages from restaurants or retail food vendors. Food packaging or Foodware means all bags, sacks, wrapping, boxes, containers, bowls, plates, trays, cartons, cups, straws, and lids which are not intended for reuse, on or in which any foods or beverages are placed or packaged on a restaurant's or retail food vendor's premises.

Effective on: 5/9/2024

City of San Ramon, CA | Municipal Code 152

Food vendor means any restaurant or retail food vendor within the city of San Ramon. Non-reusable food packaging means packaging that has been provided to a customer with the intention of discarding it after a single use. Also known as disposable foodware.

Effective on: 5/9/2024 Outdoor food vendor shall have the same meaning as "Outdoor Vendor" defined in Section D8-2 of this Code.

Effective on: 5/9/2024 Polystyrene foam food packaging or foodware means any and all plastic food packaging which uses foamed (expanded) or foam material in its manufacture.

Effective on: 5/9/2024 Prepared food means beverages and foods which are prepared on the vendor's premises by cooking, chopping, slicing, mixing, freezing, squeezing or otherwise, and which require no further preparation to be consumed. "Prepared food" does not include any raw uncooked meat, fish and poultry product, or fruits or vegetables which are not chopped, squeezed, mixed or otherwise processed in some fashion. Restaurant means any establishment located within the city of San Ramon, selling prepared food to be eaten on or about its premises by customers. "Restaurant" includes sidewalk and all other outdoor food vendors. Retail food vendor means any store, shop sales outlet, lunch truck or other business including a grocery store or a delicatessen, other than a restaurant located within the city of San Ramon, which provides or sells takeout food. Reusable food service ware means dishware (cups, glasses, utensils, plates, etc.) that can be used, then washed in a commercial dishwasher roughly 1000 times before needing replacement.

Effective on: 5/9/2024 Supplier means anyone supplying food packaging to a restaurant or retail food vendor within the city of San Ramon. Takeout food means prepared foods or beverages requiring no further preparation to be consumed and which may be purchased for consumption off the retail food vendor's premises. (Ord. 166 § 2 (part), 1989)

Effective on: 5/9/2024

A. Restaurants. 1. Except as provided in subsection C of this section, no restaurant shall provide prepared food to its customers in any polystyrene foam food packaging, nor shall any restaurant purchase, obtain or keep any polystyrene foam food packaging for such purpose. 2. All contracts between restaurants and suppliers thereto entered into after May 9, 2024, shall include provisions that the supplier will supply no polystyrene foam food packaging. Failure to comply with such provisions shall constitute a material breach of the contract. 3. All non-reusable food packaging provided to customers shall be recyclable or compostable in accordance with the city's franchised waste hauler program. B. Retail Food Vendors.

City of San Ramon, CA | Municipal Code 153

1. Except as provided in subsection C, no retail food vendor shall provide takeout food in any polystyrene foam food packaging, nor shall any retail food vendor purchase, obtain or keep any polystyrene foam food packaging for the purpose of packaging takeout food.
   2. All contracts for the purchase of takeout food packaging entered into after May 9, 2024, shall comply with the provisions of subsection (A)(2).
   3. All non-reusable food packaging provided to customers should be recyclable or compostable in accordance with the city's franchised waste hauler program. C. Exceptions.
   4. The public works director or his or her authorized representative may exempt a type of packaging from the requirements of this article upon demonstration satisfactory to the public works director or his or her designee that the packaging has no acceptable equivalent and that imposing the requirements hereof would cause undue hardship. Said documentation shall include, but not be limited to, a list of suppliers contacted to determine whether substitutes are available.
   5. Food packaging required to be paid for or shipped under a contract executed before May 9, 2024, may be used until December 31, 2024, when enforcement will begin.
   6. The city shall not purchase any polystyrene foam food packaging, nor shall such packaging be knowingly utilized at any city-sponsored event occurring within the city on and after May 9, 2024.
   7. The public works director or his or her designee is authorized to promulgate regulations and to take any and all other actions reasonable and necessary to enforce this article, including but not limited to, inspection of any food vendor's premises during normal business hours to verify compliance. (Ord. 166 § 2 (part), 1989; Ord. No. 457, § 6, 3-24-2015; Ord. No. 525, § 1, 04/09/2024)

Effective on: 5/9/2024

A violation of any of the provisions of this article shall constitute a nuisance and may be abated by the city through civil process, by means of restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisance. (Ord. 166 § 2 (part), 1989)

A. On and after December 31, 2024, it is unlawful for any person, firm, partnership or corporation to violate any provision or to fail to comply with any of the requirements of this article. Any person, firm, partnership or corporation violating any provision of this article or failing to comply with any of its requirements is guilty of an infraction and shall be punished as provided in Title A, Section A1-32. B. Each such person, firm, partnership or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this article is committed, continued or permitted by such person, firm, partnership or corporation, and shall be deemed punishable therefor as provided in this article. C. The provisions of this article shall not be construed as permitting conduct not prescribed herein and shall not affect the enforceability of any other applicable provisions of law. (Ord. 166 § 2 (part), 1989; Ord. No. 525, § 1, 04/09/2024)

Effective on: 5/9/2024

B6-55 through B6-60. - Reserved.

City of San Ramon, CA | Municipal Code 154