Sec. 19-72. - Exemptions.

(a)

The county executive or his or her designee may exempt a food provider, retail vendor or special event promoter, from the requirements of this chapter for a one- year period upon a showing by that food provider, retail vendor or special event promoter that this chapter would create an undue hardship or practical difficulty not generally applicable to other persons in similar circumstances in the county. The county executive or his or her designee shall put the decision to grant or deny a waiver in writing and it shall be final.

(b)

A food provider, retail vendor or special event promoter granted an exemption must reapply prior to the end of the one-year exemption period and demonstrate continued undue hardship if it wishes to have the exemption extended. Extensions may only be granted for intervals not to exceed one (1) year.

(c)

An exemption application shall include all information necessary for the county to make its decision, including but not limited to documentation showing the factual support for the claimed exemption. The county executive or his or her designee may require the applicant to provide additional information to determine facts regarding the exemption application as a condition for his or her consideration of the application.

(d)

The county executive or his or her designee may approve the exemption application, in whole or in part, with or without conditions.

(e)

Foods prepared or packaged outside the county and sold inside the county are exempt from the provisions of this chapter. This exemption shall not apply to food providers operating in county facilities, pursuant to county contracts, or as a special event promoter in the county. Purveyors of food prepared or packaged outside the county are encouraged to follow the provisions of this chapter.

(f)

Notwithstanding the prohibition on retail sales of products containing polystyrene foam or PFAs, products which pose a small risk of becoming litter or in which polystyrene foam is included for insulating or flotation purposes and is completely encased in more durable material are exempt from the provisions of this chapter. Examples include surfboards, boats, life preservers, construction materials, craft supplies and durable coolers not principally composed of polystyrene.

(g)

Packaging for meat and fish is exempt from the provisions of this chapter.

(Ord. No. 6467, § X, 4-16-2024; Ord. No. 6355, § I(Exh. A), 9-21-2021)