5.15.020 Regulations.
A. Effective November 26, 2019 (12 months from passing), food service businesses shall be prohibited from selling or providing raw or cooked food, for consumption on or off the premises, in or with disposable plastic food serviceware, including expanded polystyrene food service products, except as otherwise provided under subsection B of this section. Acceptable alternatives for prohibited disposable plastic food serviceware shall be recyclable, or durable and paper.
B. The following food serviceware items are exempt from the prohibition established in subsection A of this section until April 3, 2025:
1. Prepackaged soups and other foods that food service businesses sell or otherwise provide to their customers that have been filled and sealed prior to receipt by the food service businesses.
2. Products made from polylactic acid (PLA).
3. Catering trays.
4. Containers for uniquely shaped foods such as deviled eggs and cupcakes.
5. Flexible plastic packaging used to preserve moisture and freshness such as for cookies.
6. Hot meat item containers such as those for ribs and rotisserie chicken.
C. Food service providers shall be prohibited from selling or providing single-use plastic straws, stirrers, cocktail picks and cutlery, for use on or off the premises. This prohibition shall not apply to disposable flexible plastic drinking straws when needed by customers due to medical or physical conditions and for whom flexible compostable paper straws are unsuitable.
D. Food service providers are encouraged to:
1. Provide plant-based, durable, wood or recyclable food-serviceware and utensils whenever possible;
2. Provide plant-based, durable, wood or paper straws and single-use utensils only on request; and
3. Utilize dispensers when providing durable or paper straws and recyclable single use utensils.
E. Food service businesses providing food for consumption on premises using recyclable food serviceware must provide conveniently located and clearly marked containers where customers may discard recyclable food serviceware and must provide for the collection and delivery of these materials to appropriate processing facilities.
F. On such commercially reasonable terms as determined by the landlord, landlords of food service businesses subject to the requirements of this section shall make adequate space and/or services available to such food service businesses for the collection and pick up of the recyclable materials generated by such food service businesses.
G. Landlords operating food courts or similar settings that include food service businesses and common areas set aside and maintained for the consumption of food and beverages shall provide in such common areas the services required in subsection E of this section.
H. The city administrator, or designee, is authorized to promulgate rules for purposes of interpreting and clarifying the requirements of this section. Such rules may provide temporary waivers or other relief that apply to use of certain food service ware products for an initial period of up to one year from November 26, 2018, with the option for an up to one-year extension to expire no later than November 26, 2020. Such waivers or relief shall be granted only for circumstances where commonly used recycling technology cannot process the food serviceware, or where suitable alternative products that meet performance and food health and safety standards are unavailable. (Ord. 1438 § 1, 2020; Ord. 1399 § 1, 2018).