1 ORDINANCE NO.________
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BURBANK AMENDING CHAPTER 2 (SOLID WASTE, WEEDS
AND LITTER) OF TITLE 4 (HEALTH AND SANITATION) OF
THE BURBANK MUNICIPAL CODE TO ADD ARTICLE 4
(WASTE REDUCTION REGULATIONS).
City Attorney’s Synopsis
This Ordinance updates Title 4, Chapter 2, of the Burbank Municipal Code (“BMC”) by adding Article 4 to the BMC. This Article 4 establishes in phases: citywide requirements that are intended to reduce certain types of waste , including polystyrene foodware and packing material; that single-use foodware be compostable or recyclable; that single-use foodware accessories be available only upon request; that online food ordering platforms servicing locations within the City provide for an option to request sing le-use foodware accessories; prohibitions restricting the City from using single -use plastic bottled water at events at City facilities or City -affiliated events ; records keeping requirements; and exceptions, administrative and other enforcement procedures . The intent of this ordinance is to add additional regulations related to food-related items to further protect the environment and the health, safety, and welfare of the public and the City.
THE COUNCIL OF THE CITY OF BURBANK FINDS AS FOLLOWS:
A. The production and management associated with Polystyrene and Single-Use Foodware, can have significant environmental impacts including: environmental contamination; consumption of energy, water, and non -renewable polluting fossil fuels; emissions of greenhouse gases; air and water pollutants; depletion of natural resources; litter on streets and in waterways; Plastic pollution; and increased litter clean -up and discard management costs.
B. The State of California passed Senate Bill 619 providing guidelines to businesses to be able to safely accept Reusable Foodware from Customers, to be used for take-out purchases, provided certain conditions are met. Clean Customer -owned foodware articles may be filled by an employee or the Customer provided the Food Facility meets these requirements.
C. The State of California also passed Assembly Bill 1276 requiring that all Customers be provided with Single -Use Foodware Accessories only when requested or when a self-service station is made available.
D. Single-Use Foodware may threaten public health because many types contain additives that are known or suspected carcinogens or endocrine disruptors. Fluorinated chemicals, also known as per - and polyfluorinated alkyl substances (PFAS), are synthetic chemicals commonly used in and on Single -Use Foodware to repel water and grease. A 2018 Center for Environmental Health study found that 57% of tested Single-Use Foodware contained significant levels of fluorinated chemicals. Fluorinated chemicals are extremely persistent in the environment, leach into food, and can be taken up from soil into food. In 2016, the FDA rescinded its approval for use of three such fluorinated chemicals from food Attachment 1
2 contact materials due to associated heightened risks of cancer, toxicity , and other health effects. Other PFAS chemicals have similar chemical structures and may pose similar risks.
E. Black Plastic and Polystyrene Single -Use Foodware products and packaging are rarely recycled and may, in fact, contaminate otherwise recoverabl e waste streams.
Because Single -Use Foodware and products made from Polystyrene are extremely lightweight, they are very susceptible to blowing away, and they frequently become litter that pollutes streets, waterways and oceans. Products made from Polystyr ene and other types of Plastic are especially damaging to the environment when they are discarded. They do not biodegrade, and they can remain in the environment for centuries. Not only does Plastic waste accumulate in perpetuity in landfills, but when Pla stic waste becomes litter, it also infiltrates public drainage systems and accumulates in our waterways.
F. In waterways and oceans, Plastics break down into smaller pieces known as Microplastics, which are present in most of the world's oceans. More than e ight million tons of Plastic enter the oceans each year. The harm that Plastic waste causes to the environment and to wildlife in particular is now well -documented. Based on current levels of discarded Plastic, one study estimated that by 2050, there would be more Plastic, by weight, in the ocean than fish.
G. In addition, local jurisdictions incur significant expenses to address the pollution that results when Plastic litter makes its way onto streets and into local waterways, in order to comply with State - and federally -imposed water quality standards, and they may be subject to liability and fines for failure to meet those standards.
H. There are also significant questions regarding the potential impacts of Plastics in the environment on human health. Microplastics have been discovered in a range of foods and beverages consumed by people, including bottled water, beer, salt, seafood, and honey.
As a relatively novel problem, the actual health impacts of this exposure are not yet well - understood, but researchers have raised concerns about a variety of potential impacts, particularly to the immune system.
I. In addition, China has implemented its "National Sword" policy to limit the types and quality of imported waste material that China will accept for recycling, and other countries have followed suit. This has disrupted the market for Recyclable material, imposed additional costs on local jurisdictions' recycling programs, and also called attention to the fact that many of the materials that the public has been told are being recycled are actually being landfilled or dumped.
J. From an environmental standpoint, the best alternative to Single -Use Foodware is to use Reusable Foodware. However, due to limitations, it may not be feasible at this time to require all Food Facilities to use Reusable Foodware. Nor is it feasible, at this time, to require the use of Reusable Foodware for take -out and de livery orders. However, requiring Food Facilities to use Single-Use Foodware that is Compostable or Recyclable, in place of non- Recyclable or Compostable Single-Use Foodware, will have a beneficial effect on the environment by reducing the impacts associa ted with the manufacture and disposal of Single-Use Foodware.
K. Food Facilities often automatically provide Single -Use Foodware Accessories to Customers who may not want or need them, particularly when Customers purchase food Attachment 1 - Page 2
3 for take-out or delivery to be consumed elsewhere.
L. Limiting the distribution of unwanted Single -Use Foodware Accessories by requiring Food Facilities to provide them only upon the request of a Customer, and require Online Food-Ordering Platforms to provide options for Customers to select only those items they want, will reduce waste consisting of unused Single -Use Foodware Accessories and result in cost savings to businesses.
M. The City desires to amend Title 4, Chapter 2, of the BMC to add a new Article 4 to implement waste reduction regulations involving polystyrene and food-related waste, consistent with recent state legislation , which further protects the environment and the health, safety, and welfare of the public, in accordance with City Charter Section 500 and Burbank Municipal Code Section 2-1-219.
THE COUNCIL OF THE CITY OF BURBANK DOES ORDAIN AS FOLLOWS:
Section 1. Environmental Review . The City Council exercises its independent judgment and finds that this ordinance is not subject to California Environmental Quality Act (CEQA) pursuant the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, Sections: 15060(c)(2), because the proposed ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment; 15061(b)(3), because the proposed ordinance is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment; and 15308, because the proposed ordinance involve s regulatory actions to assure protection of the environment. Therefore, the adoption of this ordinance is exempt from CEQA and no further environmental review is necessary. Staff is authorized to file notice of such exemption in accordance with 14 CCR section 15062 and applicable law.
Section 2. Addition of BMC Title 4, Chapter 2, Article 4. BMC Title 4, Chapter 2, is amended to add Article 4, as set forth in the attached Exhibit A. The City Manager or their designee is authorized to execute any action necessary to codify this addition into the BMC, and make any nonsubstantive or clarifying changes such as updating the phase-in dates of the regulations with specific dates.
Section 3. Severability. If any provision of this ordinance or its application is held invalid by a court of competent jurisdiction, such invalidity will not affect other provisions, sections, or applications of the ordinance which can be given effect without the invalid provision or application, and to this end each phrase, section, sentence, or word is declared to be severable.
Section 4. Effective Date. This ordinance is effective at 12:01 a.m. on the 31st day after the date of adoption.
Section 5. Publication. The City Clerk will certify to the passage of this ordinance and cause the City Attorney Synopsis of this ordinance to be published once in a newspaper of general circulation within 14 days of adoption, that is published and circulated in the City of Attachment 1 - Page 3
4 Burbank, California.
PASSED AND ADOPTED this ____ day of ________, 2023.
___________________________________
Nick Shultz
Mayor of the City of Burbank
Attest: Approved as to Form
Office of the City Attorney
_____________________________ ____________________________________ Kimberley Clark, City Clerk Kane Thuyen, Senior Assistant City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF BURBANK )
I, Kimberley Clark, City Clerk of the City of Burbank, do hereby certify that the foregoing Ordinance No. ___________________ was duly and regularly passed and adopted by the Council of the City of Burbank at its regular meeting held on the ____ day of ______, 2024, by the following vote:
AYES:
NOES:
ABSENT:
I further certify that said Synopsis was published as required by law in a newspaper of general circulation in the City of Burbank, California on the ____ day of ___________, 2024.
______________________________
Kimberley Clark, City Clerk
Attachment 1 - Page 4
City of Burbank – Waste Reduction Regulations
ARTICLE 4 WASTE REDUCTION REGULATIONS
4-2-401: DEFINITIONS:
As used in this article, unless the context otherwise clearly indicates, the following words and terms shall mean:
CITY means the City of Burbank.
CITY-AFFILIATED EVENT means any event or activity that is sponsored or co-sponsored by the City, is paid for, in part or full, using City Funds, or occurs on City-owned property.
CITY FACILITY means any building, structure, property, park, public space, or vehicle, owned, leased or operated by the City, its agents, departments, or designees. For purposes of this chapter, “City Facility” does not include City-owned buildings, structures, property, parks, public spaces, or vehicles operated by an entity other than the City pursuant to a lease or other contractual arrangement.
CITY FUNDS means all monies or other assets received and managed by, or which are otherwise under the control of the City, and any notes, bonds, securities, certificates of indebtedness or other fiscal obligations issued by the City. For purposes of this chapter, “City Funds” do not include funds received and managed by, or which are under the control of, any business improvement district.
COMPOSTABLE means consisting entirely of material that will promptly and safely break down into, or otherwise become part of, usable compost. For purposes of this article, in order to be considered Compostable a product must, at a minimum, conform to the following requirements:
1. It must be free of all intentionally added fluorinated chemicals, including, but not limited to, per- and polyfluoroalkyl substances (PFAS); and
2. It must satisfy one of the following additional requirements:
a. It must be certified as "Home Compostable" by a certifying organization acceptable to the Director. "Home Compostable" means that the material will biodegrade at moderate temperatures in a composting bin designed for home use; b. It must be certified by its manufacturer to be composed solely of fiber-based material, such as paper or wood, without any coatings or additives that are not made entirely from fiber-based material; or
c. It must accommodate a specific foodservice application for which the Director has determined that no Single-Use Foodware that complies with subsection 2.a or 2.b of this definition is readily available, and it must have been certified as Compostable by both the Biodegradable Products Institute ("BPI") or the Compost Manufacturing Alliance ("CMA").
The Director may impose additional requirements to mandate that products considered "Compostable" are certified to biodegrade in less than ninety (90) days or are certified Attachment 1 - Exhibit A
City of Burbank – Waste Reduction Regulations
Compostable in home or community composter settings, to the extent that the Director determines that organizations exist that can reliably provide such certification and that products are readily available that have received such certification. In addition, if the Director determines that certification agencies other than CMA and BPI can provide certifications that are equivalent to those provided by CMA and BPI, the Director is authorized to designate products as "Compostable," under subsection 2.c of this definition, that have been certified Compostable by such other certification organizations.
In accordance with this article, the Director may issue rules and guidelines that set forth requirements for products to be considered "Compostable" in accordance with this definition and identify specific products and categories of products that are, and are not, considered Compostable for purposes of this definition. Safety data sheets for all ingredients showing that the product formula does not contain fluorinated chemicals.
CUSTOMER means any natural person or such person's agent or caregiver.
DIRECTOR means the City of Burbank Public Works Director or their designee.
DISTRIBUTE means to sell, offer for sale, give, or otherwise provide or offer to provide an item, either as a separate transaction, as part of a transaction for another item, or as a complementary service.
FOOD FACILITY has the meaning set forth in California Health and Safety Code section 113789; it includes restaurants, bars, coffee shops, fast food restaurants, food carts, Grocery Stores, supermarkets, convenience stores, school cafeterias, hospitals and nursing facilities, snack bars, food trucks, juice bars, farmers markets, and temporary food facilities, such as those participating in fairs or events. "Food Facility" does not include an Online Food-Ordering Platform. For purposes of this article, the term "Food Facility" includes only businesses that are located, or that operate, within the City, or that operate within a City Facility.
GROCERY STORE has the meaning set forth in California Health and Safety Code section 113948(c)(3); it means a store primarily engaged in the retail sale of canned foods, dry goods, fresh fruits and vegetables, and fresh meats, fish, and poultry, and any area within the store (that is not separately owned or operated) where food is prepared or sold, including a bakery, deli, and meat and seafood counter.
ONLINE FOOD-ORDERING PLATFORM means the digital technology provided on a website or mobile application through which a Customer can place an order for pick-up or delivery of Ready-To-Eat food.
Online Food-Ordering Platforms include such platforms: operated directly by Food Facilities; operated by third parties that place Ready-To-Eat food orders with Food Facilities on behalf of Customers and then deliver the food; and operated by third-parties that place orders with Food Facilities on behalf of Customers without providing delivery service.
PFAS means organic fluorinated chemicals, such as per- and polyfluorinated substances, that do not biodegrade and therefore persist and accumulate.
PLASTIC has the meaning set forth in California Public Resources Code section 43732; it means any synthetic material made from organic polymers, such as polyethylene, polyvinyl chloride, and Polystyrene, that can be molded into shape while soft and then set into a rigid or slightly elastic form.
Plastic includes all materials identified with, or conforming to, resin codes 1 to 7, inclusive, as provided Attachment 1 - Exhibit A Page 2
City of Burbank – Waste Reduction Regulations
in California Public Resources Code section 18015, without regard to whether such material displays a resin code.
POLYSTYRENE means a petrochemical material utilizing the styrene monomer processed by any number of techniques, including, but not limited to, fusion of polymer spheres (expandable bead Polystyrene), injection molding, foam molding, or extrusion-blow molding (extruded foam Polystyrene), and clear or solid Polystyrene (oriented Polystyrene). This definition applies to material made with Polystyrene, regardless of whether it exhibits a label or code identifying it as Polystyrene.
POLYSTYRENE COOLER means any ice chest or similar device made of Polystyrene foam, where such foam is not fully encased in another material.
POLYSTYRENE FOODWARE means a multiservice utensil as set forth in California Health and Safety Code section 113837; it includes foodware used for serving and consuming Ready-To-Eat food, including, but not limited to, plates, bowls, trays, condiment containers, cups, or drink ware, and accessories, such as cutlery, that is manufactured from Polysyrene.
POLYSTYRENE PACKING MATERIAL means Polystyrene product used to hold, cushion or protect items packed in a container for shipping, transport or storage.
PRODUCE TRAY means any item used to sell or deliver vegetables, fruit or eggs to a consumer.
READY-TO-EAT has the meaning set forth in California Health and Safety Code section 113881; it includes food and beverages that may be consumed without additional preparation to achieve food safety.
RECYCLABLE means capable of being source-separated or otherwise removed from the waste stream when discarded, and then feasibly recycled, salvaged, processed, or marketed by any means other than landfilling or burning, and returned to use by society, irrespective of whether it is Compostable. For Single-Use Foodware to be considered Recyclable, it is necessary that recycling, salvage, or processing facilities be readily available, and they must have the technical and operational ability, as well as adequate capacity, to receive, recycle, salvage and/or process the material from which such Single-Use Foodware is composed, and there must be a market for such recycled, salvaged, or processed material.
In accordance with this article, the Director may issue rules and guidelines to identify which products, categories of products, and types of material are, and are not, considered Recyclable in accordance with this definition.
REUSABLE FOODWARE means a multiservice utensil as set forth in California Health and Safety Code section 113837; it includes foodware used for serving and consuming Ready-To-Eat food, including, but not limited to, plates, bowls, trays, condiment containers, cups, or drink ware, and accessories, such as cutlery, that is manufactured from durable materials and that is specifically designed to be cleaned after each use and reused.
SELF-SERVE DISPENSER or STATION means any type of dispenser, container, counter, shelf, or other location that is accessible to Customers of a Food Facility at which such Customers can independently access Single-Use Foodware Accessories.
SINGLE-USE FOODWARE means an item of food service ware within the meaning of California Health and Safety Code section 113914, that is intended for a single-use, and that is used for serving, consuming, transporting, or containing food and beverages, including, but not limited to, clamshells, pizza boxes, plates, bowls, trays, wrappers, cups, straws, stirrers, knives, forks, spoons, bags, and lids.
Attachment 1 - Exhibit A Page 3
City of Burbank – Waste Reduction Regulations
Single-Use Foodware does not include beverage containers that are subject to the California Redemption Value ("CRV") in accordance with the California Beverage Container Recycling and Litter Reduction Act, Public Resources Code section 14500, et seq. In addition, for purposes of this article, Single-Use Foodware article does not include items, such as ketchup bottles and pickle barrels, that are not intended for a single-use but that would nevertheless be considered Single-Use Foodware under California Health and Safety Code section 113914 because they do not meet specified materials, durability, strength, and cleanability specifications.
SINGLE-USE FOODWARE ACCESSORY (SINGLE-USE FOODWARE ACCESSORIES) means Single-Use Foodware that is provided alongside or with Ready-To-Eat food, including straws, stirrers, knives, forks, spoons, chopsticks, condiment packets, condiment containers, napkins, cup lids, spill plugs, and hot beverage sleeves. Single-Use Foodware Accessory does not include plates, cups, bowls, containers, wrappers, bags or other Single-Use Foodware that are used for holding or containing Ready-To-Eat food while it is being delivered, transported, or consumed.
SOLID WASTE MANAGEMENT RULES AND REGULATIONS (SWMRR) means rules and regulations promulgated by the Public Works Director, implementing provisions relating to City’s solid waste, recycling and/or Landfill/composting operations, and other requirements necessary to facilitate operations and preserve the public health and safety.
4-2-402: POLYSTYRENE PROHIBITIONS:
A. No person or business shall sell or distribute Polystyrene Foodware.
B. No person or business shall sell Polystyrene Coolers.
C. No business shall sell, distribute or use Polystyrene Packing Material, including, but not limited to, foam, peanuts, packing peanuts, foam popcorn, packing noodles or shipping boxes; provided, however, that the disposal of any Polystyrene Packing Materials which were part of any shipment originating outside of the City shall not constitute a prohibited use under this provision.
D. Effective six months from the effective date of this article, no person or business may sell, offer for sale or otherwise distribute, within the City, any meat, fish or poultry tray, Produce Tray or egg carton made, in whole or in part, from Polystyrene. This prohibition shall be applicable to the actual selling, offering for sale or distribution of any such Polystyrene item, as well as to the distributing of any of such Polystyrene item in conjunction with the selling, offering for sale or distribution of meat, fish, poultry, vegetable, fruit or eggs.
E. No person or business shall distribute or sell Polystyrene Foodware at City facilities that have been rented, leased or are otherwise being used with permission of the City. All facility rental agreements for any City facility shall include a provision requiring contracting parties to assume responsibility for preventing the use, sale and/or distribution of Polystyrene Foodware while using City facilities. The facility rental agreement shall indicate that a violating contracting party's security deposit will be forfeited if the Director or their designee determines that Polystyrene Foodware was used, sold or distributed in violation of the rental agreement.
Attachment 1 - Exhibit A Page 4
City of Burbank – Waste Reduction Regulations
F. No person or business shall use, sell or distribute Polystyrene Foodware at City-sponsored events, events that are open to the public, City-managed concessions or at City meetings.
G. Effective six months from the effective date of this article, no person or business shall sell any Polystyrene as described in this section.
4-2-403: DINING ON THE PREMISES:
A. Effective one year from the effective date of this article , Ready-To-Eat food served for consumption by a Customer on the premises of Food Facilities with 31 or more seats, as defined in the Los Angeles County Public Health Restaurants and Markets Inventory list, shall only be distributed in Reusable Foodware.
B. Effective three years from the effective date of this article , Ready-To-Eat food served for consumption by a Customer on the premises of Food Facilities with 30 or less seats, as defined in the Los Angeles County Public Health Restaurants and Markets Inventory list, shall only be distributed in Reusable Foodware.
C. Nothing in this section prohibits Food Facilities from providing a “doggy-bag” (Single Use Foodware) to prevent food waste as long as the Single-Use Foodware complies with Section 4-2- 404.
4-2-404: SINGLE-USE FOODWARE STANDARDS:
A. Beginning one year from the effective date of this article, no Food Facility may Distribute to Customers Single-Use Foodware that is not either Compostable or Recyclable.
B. Beginning one year from the effective date of this article, The Director will provide a list of compliant Single-Use Foodware that will be posted in the SWMRR. If a product is not included on the Director's list, that product shall be deemed prohibited and a Food Facility using prohibited Single-Use Foodware will have the burden of establishing, to the Director's satisfaction, that the product complies with this Section. The Director’s list shall be updated annually. Any revision to the list rescinding an authorization of a Single-Use Foodware product shall not become effective until six months after the date that the Director updates the list. 4-2-405: SINGLE-USE FOODWARE ACCESSORIES UPON REQUEST:
A. No Food Facility may automatically provide any Single-Use Foodware Accessory to a Customer with their order of Ready-To-Eat food. Food Facilities may provide Single-Use Foodware Accessories to a Customer with their order of Ready-To-Eat food only if the Customer requests that they be provided such accessories, and only if such Single-Use Foodware Accessories comply with Section 4.2.404 of this article.
B. Nothing in this article prohibits a Food Facility that is providing Ready-To-Eat food to drive- through Customers from asking the Customer if they would like to be provided Single-Use Foodware Accessories that the Food Facility makes available for Customers. This article does not Attachment 1 - Exhibit A Page 5
prohibit a Food Facility from making available to Customers Single-Use Foodware Accessories from a Self-Serve Dispenser or Station. Single-Use Foodware Accessories, however, shall not be bundled or packaged in a manner that prohibits a Customer from taking only the type of Single- Use Foodware Accessory, if any, that may be desired without also having to take a different type of Single-Use Foodware Accessory. Nothing in this article prohibits a Food Facility from providing to Customers Single-Use Foodware Accessories that are included as part of a product that is pre- packaged by a manufacturer, such as a juice box or pre-packaged salad.
C. A Food Facility that operates an Online Food-Ordering Platform for its Customers to order Ready-To-Eat food for delivery or take-out shall, if it offers Single-Use Foodware Accessories to its Customers, provide options on such platform to enable Customers to select which of the available Single-Use Foodware Accessories, if any, the Customer chooses to have included with their order. Food Facilities shall not provide any Single-Use Foodware Accessories to Customers that order Ready-To-Eat food through their own Online Food-Ordering Platform unless those Customers have requested such accessories, either through the Online Food-Ordering Platform or in-person when picking up their order.
D. If a Food Facility uses any Third-Party, Online Food-Ordering Platform for Ready-To-Eat food, the Food Facility shall customize its menu with a list of available Single-Use Foodware Accessories. A Food Facility that prepares orders of Ready-To-Eat food for Customers who have placed those orders through a Third-Party, Online Food-Ordering Platform shall not provide any Single-Use Foodware Accessories with the order unless the Customer has selected such Single-Use Foodware Accessories through options provided on the Online Food-Ordering Platform, in accordance with Section 4-2-406, or the Customers have requested such accessories in-person when picking up their order.
E. Nothing in this article shall be construed to require Food Facilities to provide Single-Use Foodware Accessories to Customers ordering Ready-To-Eat food.
F. Notwithstanding any other provision of this article, Food Facilities may include single-use cup lids, spill plugs, and hot beverage sleeves with drive-thru and delivery orders of Ready-To-Eat food orders that include beverages, without a Customer request, for safety reasons, including to avoid spillage.
G. The requirements of this Section do not apply to jails, detention facilities, correctional institutions, licensed healthcare facilities, residential care facilities and public and private school cafeterias provided with Ready-To-Eat food.
4-2-406: AVAILABILITY OF SINGLE-USE FOODWARE ACCESSORIES THROUGH ONLINE FOOD- ORDERING PLATFORMS:
A. Except as provided in subsection (2) below, Online Food-Ordering Platforms that conduct business in the City, either by picking up Ready-To-Eat food from a Food Facility located within the City for delivery to a Customer, or by delivering Ready-To-Eat food to a Customer at a location within the City, shall comply with the following requirements to enable Customers to select which Single-Use Foodware Accessories, if any, the Customers chooses to have included with their order:
1) A third-party, Online Food-Ordering Platform must provide Food Facilities with the opportunity to specify which Single-Use Foodware Accessories, if any, the Food Facility chooses for Customers to be offered on their menus appearing on the food-ordering Attachment 1 - Exhibit A Page 6
platforms, so that Customers may select which accessories, if any, they choose to have included with their orders.
2) If a Food Facility chooses not to specify any Single-Use Foodware Accessories to be offered to Customers on its menu appearing on the Online Food-Ordering Platform, then the Online Food-Ordering Platform shall post the following statement with such Food Facility's menu: "This restaurant has chosen not to make single-use foodware accessories available on its online menu."
B. The requirements of this article do not apply to Single-Use Foodware that are included with Ready-To-Eat food that is pre-packaged outside of the City, provided that such Ready-To-Eat food is Distributed to the Customer as originally packaged. If a Food Facility adds any Single-Use Foodware when providing such pre-packaged food to a Customer, such additional Single-Use Foodware must comply with this article.
4-2-407: CITY FACILITY AND CITY-AFFILIATED EVENTS REQUIREMENTS:
A. Beginning six months from the effective date of this article , no person shall Distribute any water packaged in single-use Plastic, except where specific hydration requirements exist for employees working outside with no reasonable alternative to Plastic bottled beverages that will serve the same purpose; or Distribute Single-Use Foodware that is not Compostable or Recyclable at:
1) City-Affiliated Events, regardless of whether the event is private or public. 2) City Facilities including use of City Facilities through a rental, lease, or other agreement.
B. Beginning six months from the effective date of this article , City Funds shall not be used to purchase water that is packaged in single-use Plastic, including by purchase orders, purchasing cards, grant money, reimbursements, or other expenditures. 4-2-408: EXEMPTIONS:
The requirements of this article do not apply to supplies and services provided in response to an emergency that is declared or ratified by the City Council, or the State or federal government. 4-2-409: WAIVER PROCESS:
A. Waivers may be granted by the Director, with or without conditions, based upon a determination that requiring a Food Facility to comply with this article, or any portion thereof, would result in undue hardship and/or other extraordinary, insurmountable circumstances determined by the Director. Undue hardship may include, but is not necessarily limited to, the following situations:
1) Compliance with this article will result in undue hardship because of a Food Facility’s lack of space;
2) Compliance with this article will result in an undue financial hardship for a Food Facility.
Attachment 1 - Exhibit A Page 7
B. During the waiver term, the Food Facility shall make diligent efforts to become compliant. It is the responsibility of the Food Facility to apply for any waivers or extensions in a timely manner. 4-2-410: ENFORCEMENT:
A. Violations of this article shall be enforced according to the administrative citation and appeals process outlined in Section 1-1-108 of the Burbank Municipal Code. The City will issue a warning letter to the business operator and provide 60 days to correct the violation before issuing an administrative citation.
B. The remedies and penalties in this section are cumulative and not exclusive. This section does not limit the City’s ability to enforce violations through other provisions of this Burbank Municipal Code or applicable law.
C. The City Manager may temporarily suspend the provisions of this article and its enforcement if needed to preserve the public peace, health, or safety, including scenarios involving an emergency or natural disaster.
D. The Director shall promulgate rules and establish guidelines for implementing and enforcing the ordinance consistent with this article. Any such rules or guidelines, or amendments thereto, shall become effective 30-days after the Director posts them. The Director shall post each of these rules and guidelines in an easily accessible location on the City website and shall provide copies to any person upon request.
4-2-411: RECORDS:
Each Food Facility and Online Food-Ordering Platform subject to this article shall maintain records, in either written or electronic form, evidencing compliance with this article, and retain these records for a period of three (3) years, and shall make them available for inspection at the request of the City. 4-2-412: VIOLATIONS:
A. No Food Facility, Online Food-Ordering Platform, or its agent(s) or employee(s), may violate any provision of this article.
B. No Food Facility, Online Food-Ordering Platform, or its agent(s) or employee(s), may permit or conceal a violation of any provision of this article.
C. The failure of a Food Facility, Online Food-Ordering Platform, or its agent(s) or employee(s), to allow any authorized City official or such official's authorized representative to conduct unscheduled inspections of the premises of the business for purposes of ensuring compliance with any provision of this article, at any time the business is open for business, shall constitute a violation.
D. Any person who deliberately falsifies records under this article is guilty of a misdemeanor.
E. A violation of this article is hereby declared to be a public nuisance pursuant to the Burbank Municipal Code.
Attachment 1 - Exhibit A Page 8