HomeMy WebLinkAboutOrd. 1398-2008ORDINANCE NO. 1398-2008
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFOF:NIA
AN ORDINANCE ADDING CHAPTER 8.60 TO THE SOUTH
SAN FRANCISCO T/IUNICIl'AL CODE TO REQUIRE THE
USE OF GREEN FOOD PACKAGING BY FOOD VENDORS
AND CITY FACILITIES
WHEREAS, the City has a duty to protect public health and the natural environment; and
WHEREAS, many food vendors in the City use disposable food containers made from
expanded polystyrene and other non-recyclable and/or non-compostable materials; and
WHEREAS, polystyrene is not biodegradable, recyclable, reusable, or compostable, and as
a result persists in the environment for thousands of years; and
WHEREAS, polystyrene debris represents a significant and growing portion of the City's
waste stream and the manufacture anal use of polystyrene is responsible for considerable levels of
air pollution, liquid and solid waste, harm to birds and marine wildlife, and degradation of the
natural environment at large; and
WHEREAS, affordable compostable and/or recyclable products and environmentally sound
alternatives to polystyrene food service containers are becoming increasingly available for most
food service applications; and
WHEREAS, due to the physical properties of polystyrene, the United States Environmental
Protection Agency has provided "that such materials can also have serious impacts on human
health, wildlife, the aquatic environment and the economy"; and
WHEREAS, styrene, a component of polystyrene, is a known hazardous substance that
medical evidence and the Food acid Drug Administration suggests leaches from polystyrene
containers into food and drink and is a suspected carcinogen and neurotoxin which potentially
threatens human health; and
WHEREAS, in the manufacturing process as well as the use and disposal of products, the
energy consumption, greenhouse ~;as effect, and other environmental effects, polystyrene's
environmental impacts are rated second highest, according to the California Integrated Waste
Management.Board; and
WHEREAS, due to these concerns, many other California Cities began successfully
banning polystyrene food service ware, including Berkeley, Santa Monica, Oakland, Millbrae, and
San Francisco; and
WHEREAS, the City Council believes the ability of a substance to biodegrade and the
impact of a substance on the natural environment are meaningful criteria to use where developing
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public policy to reduce litter and blight and improve the management and disposal of :>olid waste;
and
WHEREAS, it is an important goal of the Green Food Packaging Policy to promote the use
of sustainable products and establish an environmentally and financially responsible program of
solid waste management; and
WHEREAS, residents can get discounted composting bins from the County of San Mateo
Recycle Works Program, which can be used to compost food scraps and biodegradable,
compostable, or food soiled paper takf; out food service ware; and
WHEREAS, it is the City Council's desire to reduce the amount of litter and pollution,
manage the City's waste in a sustainable manner, and protect local wildlife, all of whiich increase
the quality of life for South San Francisco's residents and visitors.
NOW, THEREFORE, the City Council of the City of South San Francisco doers ORDAIN
as follows:
SECTION 1. CHAPTER 8.60: GREEN FOOD PACKAGING ORDINANCE.
The South San Francisco Municipal Code is hereby amended to add Chapter 8.60 to read as
follows:
8.60.010 Definitions
a) "ASTM Specification" means meeting the American Society for Testing and Materials
(ASTM) International Standards D6400 or D6868 for biodegradable and compostable plastics, as
those standards may be amended. D6400 is the specification for plastics designed for
compostability in municipal or industrial aerobic composting facilities. D6868 is the specification
for aerobic compostability of plastics used as coatings on a compostable substrate.
b) "Biodegradable" refers to thf; ability of a material to decompose into elements normally
found in nature within a reasonably short period of time after disposal.
c) "City facilities" means any b~zilding, structure or vehicle owned or operated by the City of
South San Francisco.
d) "compostable" means all materials in the product or package will degrade into, or
otherwise become part of, usable compost (e.g., soil-conditioning material, mulch) in a safe and
timely manner. compostable disposable food service ware includes products made of plant
materials and ASTM-Specification Bio-Plastics (plastic-like products) that are clearly labeled,
preferably with a color symbol, such that any customer or processor can easily distinguish the
ASTM Specification compostable plastic from non-ASTM Specification compostable plastic.
e) "Customer" means any person obtaining prepared food from a restaurant oar retail food
vendor.
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f) "Disposable food service ware;" means single or non-durable use disposable products used
by food vendors in the restaurant or food serving industry for serving or transporting prepared,
ready-to-consume food or beverages. This includes, but is not limited to, plates, cups, bowls,
utensils, cartons, trays, and hinged ar lidded containers for takeout foods and/or leftrovers from
partially consumed meals prepared at food vendors.
g) "Food vendor" means any establishment, located or providing food within the city, which
provides prepared food for public consumption on or off its premises and includes without
limitation any sales outlet, store, shop, restaurant, grocery store, supermarket, vehic;le or other
places of business operating primarily to sell or convey foods or beverages directly to the ultimate
consumer, which foods or beverages are predominantly contained, wrapped or held in or on
packaging, including both restaurants and retail food vendors.
h) "Polystyrene" means and includes blown polystyrene and expanded and extruded foams
(sometimes referred to as "Styrofoam®," a Dow Chemical Co. trademarked form of expanded
polystyrene (EPS), processed by any number of techniques including, but not limited to, fusion of
polymer spheres, injection molding;, foam molding, and extrusion-blow molding., The term
"polystyrene" also means clear or solid polystyrene that is generally used to make clear clamshell
containers, clear or colored straws, lids and utensils.
i) "Prepared food" means food or beverages, which are served, packaged, cooked, chopped,
sliced, mixed, brewed, frozen, squeezed or otherwise prepared for consumption on the food
vendor's premises or within the city. Prepared food maybe eaten either on or off the premises, also
known as "takeout food".
j) "Recyclable" means material that can be sorted, cleansed and reconstituted using South San
Francisco's available recycling collection programs for the purpose of using the altered form in the
manufacture of a new products. Recycling does not include burning, incinerating, converting, or
otherwise thermally destroying solid waste. Recyclable plastics comprise those plastics with the
recycling symbols #1 through #5 including polyethylene terephthalate (PET or PETE), :high density
polyethylene (HDPE), low density polyethylene (LDPE), and polypropylene (PP).
k) "Restaurant" means any establishment located within the city that sells prepared food for
consumption on, near, or off its premises by customers. For the purposes of this chapter the term
includes a restaurant operating from z~ temporary facility, cart, vehicle or mobile unit.
1) "Reusable" means all materials in the product or package will be used more than once in its
same form by the customer, retail food vendor or other reuse programs. Reusable food service ware
includes: food or beverage containers, packages or trays, such as, but not limited to, soft drink
bottles and milk containers that are designed to be returned to the distributor and customer provided
take-out containers. Also includes durable containers, packages or trays used on-premises or
returnable containers brought back to the food vendor.
8.60.020 Prohibited Use of Disposable Food Service Ware
(a) Food vendors are prohibited from dispensing prepared food to customers in disposable food
service ware made from polystyrene.
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(b) All city facilities, city-sponsorc;d events, and city permitted events are prohibited from using
disposable food service ware made from polystyrene. All city departments and agencies shall not
purchase or acquire disposable food service ware made from polystyrene for use at city facilities.
(c) City franchises, contractors acid vendors doing business with the City shall be: prohibited
from using food service ware made from polystyrene in city facilities or on city proj ect;> within the
City.
(d) Organizations using city offices or property shall comply with this ordinance (e.g., street
closure permits, events at city facilities, etc.) and while on city premises, shall not willfully possess,
give, receive, lend, offer or expose for sale, use, deliver, furnish, transfer or dispose of any
disposable food service ware made from polystyrene.
8.60.030 -Required Biodegradable, compostable, Reusable or Recyclable Food Service Ware
(a) All food vendors using any disposable food service ware will use biodegradable,
compostable, reusable or recyclable food service ware. All food vendors are strongly encouraged to
use reusable food service ware in place of using disposable food service ware for all food served
on-premises. All food vendors will allow customers to bring their own returnable food service
ware to be filled on-premises. Foocl vendors may price products or services to customers in a
manner that covers the cost differential.
(b) All city facilities will use biodegradable, compostable, reusable or recyclable food service
ware unless it can be shown there is not an alternative for a specific application.
(c) City franchises, contractors and vendors doing business with the City will use
biodegradable, compostable, reusable or recyclable food service ware unless they cyan show an
alternative product is not available for a specific application.
8.60.040 Exemptions
(a) Prepared foods prepared or packaged outside the City are exempt from the provisions of
this chapter. Purveyors of food prepared or packaged outside the city are encouraged too follow the
provisions of this chapter.
(b) A food vendor will be exempted from the requirements of this chapter for specific items or
types of food service ware if the City Manager or his/her designee finds that the requirements of
this chapter would cause undue hardship. An "undue hardship" shall be found in:
(1) Situations unique to the food vendor where a suitable, biodegradable, compostable,
reusable or recyclable alternative does not exist for a specific application; and/or
(2) Situations where compliance with this chapter would cause significant economic
hardship to that food vendor.
(c) Any food vendor may seek an exemption from the requirements of this chapter by filing a
request in writing with the City Manager. A written exemption request shall include all
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information necessary for the City Manager to make a decision, including, but not limited to,
documentation that factually supports the claimed exemption. The City Manager may require the
applicant to provide additional information to permit him or her to make a determination regarding
the exemption application. The City Manager or his/her designee may waive any specific
requirement of this chapter for a period of not more than one year if the food vendor seeking the
exemption has demonstrated that strict application of the specific requirement would cause undue
hardship. Exemption decisions are effective immediately and final, and are not subject to appeal.
A food vendor granted an exemption by the City must re-apply prior to the expiration of the one-
year exemption period and demonstrate continued undue hardship, the continued absence of a
suitable biodegradable, compostable, reusable or recyclable alternative, if it wishes 1:o have the
exemption extended. Extensions maybe granted for intervals not to exceed one year.
(d) Polystyrene coolers and ice chests intended for reuse are exempt from the provisions of this
chapter.
8.60.050 Enforcement and Notice of Violations
(a) The City Manager or his/her designee will have primary responsibility for enforcement of
this chapter. The City Manager or his/her designee 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, entering the premises of any food vendor to verify compliance. The City Manager or
his/her designee is authorized to takE; any and all actions reasonable and necessary to further the
purposes of this chapter or to obtain compliance with this chapter.
(b) Any person violating any Hof the provisions of this chapter is guilty of an infraction
punishable as provided in Chapter 1.24.
(c) The City Attorney may seek legal, injunctive, or other equitable relief to enforce this
chapter and any regulation or administrative procedure authorized by it.
(d) The remedies and penalties provided in this section are cumulative and not exclusive of
one another.
8.60.060 Penalties and Fines for Violations
Violations of this Ordinance shall be enforced as follows:
(a) For the first violation, the City Manager or his/her designee, upon determination that a
violation of this chapter has occurred, shall issue a written warning notice to the food
vendor specifying the violation and the appropriate penalties in the event of future
violations.
(b) Thereafter, the following penalties shall apply:
(1) A fine of one hundred dollars ($100.00) for the first violation following the issuance
of a warning notice.
(2) A fine of two hundred dollars ($200.00) for the second and any other violation that
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occurs following the issuance of a warning notice.
(3) Fines are cumulative and each day that a violation occurs shall constitute a separate
violation.
(c) Food vendors may request an administrative hearing to adjudicate any penalties issued
under this chapter by filing a written request with the City Manager or his/her designee.
The hearing procedures set forth in Chapter 1.25 of this code shall be followed. Any
determination from the administrative hearing on penalties issued under this chapter will be
final and conclusive.
SECTION 2. CEQA EXEMPTION
Pursuant to Title 14 of the California Administrative Code, the City Council finds that this
Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA)
for the following reasons: (1) under Section 15061(b)(3), it is not a project which has the potential
for causing a significant effect on the environment; (2) under Section 15308, it is an authorized
action by an agency with regulatory authority for the purpose of assuring the maintenance,
restoration enhancement, or protection of the environment; (3) under Section 15378(a), it is not a
project which has a potential for resulting in either a direct physical change in the environment or a
reasonably foreseeable indirect physical change in the environment; and (4) under Section
15378(b)(3), it is an action that consists of continuing administrative or maintenance activities in
the form of general policy and procedure making.
SECTION 3. PUBLICATION AND EFFECTIVE DATE
This Ordinance shall be published once, with the names of those City Councilmembers voting for
or against it, in the San Mateo Times, a newspaper of general circulation in the City of South San
Francisco, as required by law, and shall become effective on October 1, 2008, more than thirty (30)
days from and after its adoption.
SECTION 4. SEVERABILITY
In the event any section or portion of this Ordinance shall be determined invalid or
unconstitutional, such section or portion shall be deemed severable and all other sections or
portions hereof shall remain in full force and effect.
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Introduced at a regular meetint; of the City Council of the City of South San Francisco, held
the 23rd day of July 2008.
Adopted as an Ordinance of the City of South San Francisco at a regular meeting. of the City
Council held the 27th day of August 2008 by the following vote:
AYES: Councilmembers Mark N. Addie~o, Richard A. Garbarino and Kevin Mullin,
Mayor Pro Tem Karyl :Matsumoto and Mayor Pedro Gonzalez
NOES: None
ABSTAIN: None
ABSENT: None
Ci
As Mayor of the City of South. San Francisco, I do hereby approve th oregoing~dinance
this 27th day of August 2008. ~
/s/Pedro G z lez l~
Pedro Gonzalez, Mayor
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