Chapter 7.06 — CITY OF UNION CITY FOOD WARE ORDINANCE

This chapter shall be known and may be cited as the "City of Union City Food Ware Ordinance." (Ord. 821-16 § 4, 2016; Ord. 860-19 § 4, 2019)

The purpose and intent of this chapter is to protect the City's natural environment, its economy and the health of its residents and visitors by regulating the use of non-recyclable, singleuse food ware including straws and expanded polystyrene and to require the use of reusable, recyclable or compostable disposable food ware by food providers, City departments, and City facilities served by contractors and at City-sponsored events. (Ord. 821-16 § 4, 2016; Ord. 860-19 § 4, 2019)

For the purposes of this chapter, the following words and phrases shall have the meanings defined in this section unless the context clearly requires otherwise:

"City" means the City of Union City.

"City department" means any governmental subdivision of the City.

"City facility" means any building, structure, vehicle, land or park owned and operated by the City.

"City facility user" means any person, society, association, organization or special events promoter who requires a permit to use a City facility or a permit or contract to use a plaza, sidewalk, or roadway. City facility user shall also include contractors.

"City Manager" means the City Manager of the City of Union City or City Manager's designee.

"City-sponsored event" means any activity that is organized by the City and any private activity whose organizers voluntarily request any endorsement or recognition from the City that is unrelated to any requirements for such an event under applicable law.

"Compostable" means all materials in the product or package will break down into, or otherwise become a part of, usable compost (e.g. soil-conditioning material, mulch) in a safe and timely manner consistent with the composting facility used by the City's franchisee.

"Contractor" means any individual, group, or organization that has a contract with the City for work or improvement to be performed, for a franchisee, concession, for grant monies, goods and services, or supplies to be donated or to be purchased at City expense.

"Disposable food ware" means single-use disposable products used in the restaurant and food service industry for serving or transporting prepared food and includes, but is not limited to, plates, cups, bowls, trays, and hinged or lidded containers. This definition does not include disposable packaging for unprepared foods.

"Disposable food ware accessory items" means single-use disposable products in the restaurant and food service industry used as part of food or beverage service that accompanies disposable food ware, including, but not limited to utensils, napkins, condiment cups and packets, drink lids, drink sleeves, stirrers, splash sticks, and toothpicks.

"Expanded polystyrene" or "EPS" means the thermoplastic petrochemical material utilizing the styrene monomer, which may be marked with the recycling symbol #6 and expanded or blown using a gaseous agent (expanded polystyrene) including, but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection molding, form molding, and extrusion-blow molding (extruded foam polystyrene, sometimes referred to as Styrofoam, a Dow Chemical Co. trademarked form of polystyrene foam insulation. In food service, expanded polystyrene is generally used to make cups, bowls, plates, trays, and clamshell containers intended for a single use. Expanded polystyrene does not include clear or solid polystyrene (oriented polystyrene).

"Food provider" means any establishment located within the City, or any establishment that sells or otherwise provides prepared food or beverages within the City for public consumption on or off its premises and includes, but is not limited to, any store, shop, sales outlet, restaurant, bar, pub, coffee shop, cafeteria, caterer, convenience store, liquor store, grocery store, supermarket, delicatessen, food market, mobile food preparation truck or vehicle, roadside stand, or any other person who provides prepared food; and any individual, group, or organization which regularly provides food as part of its services.

"Prepared food" means any food or beverage prepared for consumption on or off a premises or lands using any cooking or food preparation technique, or any raw foods provided for consumption without requiring further food preparation. Prepared food does not include: (1) uncooked meat, fish, poultry, or eggs unless provided for consumption without further food preparation; or (2) prepackaged food that is delivered to the food provider wholly encased, contained or packaged in a container or wrapper, and sold or otherwise provided by the food provider in the same container or packaging.

"Recyclable" means any material that is accepted by the City recycling program, including, but not limited to, paper, glass, metal, cardboard, and plastic that can be recycled, salvaged, processed, or marketed by any means other than landfilling or burning whether as fuel or otherwise, so that they are returned to use by society. For the purposes of this chapter, recyclable plastic does not include polystyrene foam labeled with resin symbol #6 or single-use plastic straws.

"Reusable food ware" means all containers, bowls, plates, trays, cartons, cups, and other items that are designed for prolonged use, including, but not limited to, plastic, ceramic, glass, porcelain, and metal food ware.

"Single-use straw" means a tube for transferring a beverage from its container to the mouth of the drinker designed for one-time use then discarded. Single-use items are not intended for repeated use and sanitizing.

"Takeout food delivery service" is a third-party delivery service that picks up to-go prepared food from a food provider and delivers it to the customer for consumption off the premises. (Ord. 821-16 § 4, 2016; Ord. 860-19 § 4, 2019)

• A. Food providers are prohibited from providing prepared food to customers in disposable food ware made from expanded polystyrene. Food providers are strongly encouraged to use reusable food ware in place of using disposable food ware.

• B. City facility users are prohibited from using disposable food ware made from expanded polystyrene and all City departments will not purchase or acquire disposable food ware made from expanded polystyrene for use at City facilities or City-sponsored events. City facility users are strongly encouraged to use reusable food ware in place of using disposable food ware for all food served on-premises.

• C. Contractors are prohibited from using disposable food ware made from expanded polystyrene in City facilities or at City-sponsored events within the City.

• (Ord. 821-16 § 4, 2016; Ord. 860-19 § 4, 2019)

• A. Food providers shall only use recyclable or compostable food ware.

• B. City facility users shall only use recyclable or compostable service ware.

• C. Food providers and City facility users are encouraged to use reusable food ware. (Ord. 821-16 § 4, 2016; Ord. 860-19 § 4, 2019)

• A. Food providers shall not provide or distribute single-use plastic beverage straws for on-site, to-go, or delivery orders. Single-use straws must be non-plastic, made of compostable materials, and only given to customers upon request. For purposes of this section, compostable materials do not include compostable plastics such as plant-based polylactic acid (PLA) plastic.

• B. City facility users are prohibited from providing single-use plastic beverage straws and all City departments will not purchase or acquire single-use plastic straws for use at City facilities or City-sponsored events. City facility users are encouraged to use reusable straws in place of single-use for all beverages served on-premises.

• C. Contractors are prohibited from using single-use plastic straws for beverages served at City facilities or City-sponsored events within the City.

• D. Nothing in this chapter shall restrict or be construed to restrict, availability by food providers, City facility users, and contractors of single-use plastic or compostable plastic straws as an accommodation to people with disabilities or medical conditions who request them to enjoy equal access to food and beverage services within the City.

• (Ord. 860-19 § 4, 2019)

• A. Food providers and takeout food delivery services shall only provide disposable food ware accessory items upon request by the customer or at self-service stations.

• B. Food providers and takeout food delivery services must provide options for customers to affirmatively request disposable food ware accessory items separate from orders for food and beverages across all order point of sale platforms, including, but not limited to, website, phone applications and other digital platforms, telephone, and in person.

• C. Notwithstanding subsection A or B above, for safety reasons, disposable cups for delivery or drive-through by a food provider or takeout food delivery service may include lids, spill plugs, and sleeves without request.

• (Ord. 860-19 § 4, 2019)

The provisions of Sections 7.06.060 and 7.06.070 are voluntary until July 1, 2020. The City will begin enforcement after such date without further notice. (Ord. 860-19 § 4, 2019)

• A. Foods prepackaged outside the City as well as prepared foods prepared and packaged in the City for use outside of the City are exempt from the provisions of this chapter. Purveyors of foods prepackaged outside the City are encouraged to follow these provisions as it is the City's policy goal to eliminate the use of non-recyclable disposable food ware such as expanded polystyrene and plastic straws. The exemption under this section does not apply to food providers that provide prepared food for public consumption within the City.

• B. Retail sale of expanded polystyrene coolers and ice chests that are intended for reuse are exempt from the provisions of this chapter. Retail sale of single-use plastic straws are also exempt from provisions of this chapter.

• C. Should the provisions of this chapter cause the food provider to experience undue hardship, or if a compliant version of a necessary food ware item is not available, the food provider may apply to the City Manager for an exemption from compliance.

• D. The City Manager shall confirm the decision to grant or deny each exemption in writing and may approve an exemption request in whole or in part. A food provider or City facility user granted an exemption must annually reapply for an exemption and demonstrate continued undue hardship if the food provider or City facility user wishes to have the exemption extended. The City Manager's decision to grant or deny an exemption or to grant or deny an extension of a previously issued exemption shall be final.

• E. In a situation deemed by the City Manager to be an emergency, or in the event that a local emergency or disaster has been declared in effect, for the immediate preservation of the public peace, health or safety, City facility users, food providers, or contractors shall be exempt from the provisions of this chapter.

• (Ord. 821-16 § 4, 2016; Ord. 860-19 § 4, 2019)

• A. The City Manager is authorized to promulgate regulations and to take any and all other actions reasonable and necessary to enforce this chapter, including, but not limited to, investigating violations, issuing fines, and entering the premises of any food provider during business hours to verify compliance.

• B. If a food provider, City facility user, or contractor is found to be in violation of this chapter, the City Manager shall issue a written warning that a violation has occurred and the potential penalties that will apply for future violations.

• C. Any violation of this chapter that occurs after issuance of a written warning pursuant to subsection B shall be subject to administrative enforcement pursuant to Chapter 1.18.

• D. The City Attorney may seek legal, injunctive, or any other relief to enforce the provisions of this chapter.

(Ord. 821-16 § 4, 2016; Ord. 860-19 § 4, 2019)

This chapter and any of its provisions shall be null and void upon the adoption of any State or Federal law or regulation imposing the same, or essentially the same, limits on the use of prohibited products as set forth in this chapter. This chapter is intended to be a proper exercise of the City's police power, to operate only upon its own officers, agents, employees and facilities and other persons acting within its boundaries, and not to regulate intercity or interstate commerce. It shall be construed with that intent.

(Ord. 821-16 § 4, 2016; Ord. 860-19 § 4, 2019)