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8.27.030 – Standards and Required Use of Disposable Food Service Ware. (a) No Food Facility shall use Polystyrene -based Disposable Food Service Ware when providing Prepared Food.
(b) Food Facilit ies shall only provide Disposable straws, stirrers, utensils, and cocktail/toothpicks (and the packaging that these individual items are wrapped in , if any) that are Compostable.
(c) Nothing in this Chapter shall conflict or be construed to conflict with the Americans with Disabilities Act or any other applicable law concerning the rights of indiv iduals with disabilities. In particular, nothing in this Chapter shall restrict, or be construed to restrict, the provision by Food Facilities of Disposable Non-Compostable straws to individuals who may request the use of Disposable Non-Compostable straws to accommodate medical needs or disabilities . Healthcare Facilities may distribute Disposable Non-Compostable straws with or without request by a patient at the discretion of the Healthcare Facility staff based on the physical or medical needs of the patient.
(d) Food Facilities shall use Compostable items for the below Disposable Food Service Ware when providing Prepared Food:
1. Plates
2. Bowls (of all sizes including, but not limited to soup and salad bowls)
3. Cups (of all sizes including , but not limited to beverage and accessory cups for Standard Condiments)
4. Food trays and food boats
5. Boxes
6. Hinged or lidded containers (e.g., clamshells), deli containers, and other containers used for the sale and/or distribution of Prepared Food
(e) Commencing on the effective date of this Chapter up until December 31, 2022, for the Compostable Disposable Food Service Ware listed in Subsection (d), Food Facilities shall use items that meet Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS) Restricti ons.
To verify the PFAS Restrictions, Food Facilities shall use items that are certified/approved by independent third parties approved by the City Manager or designee, in collaboration with local waste processors and haulers, as needed.
(f) For all other Disp osable Food Service Ware not listed in Subsection s (b) and (d), Food Facilities shall use only Disposable Food Service Ware that can be composted by the Food Scrap Composting method utilized by the Food Facility and/or accepted for recycling by the Food Facility’s recycling collection service, unless a feasible alternative does not exist.
(g) The City shall maintain a list of approved Disposable Food Service Ware and/or references to resources that maintain regularly updated lists of products tha t meet the requirements detailed in Subsections (a), (b), (d), and (e) of this Section. This information shall be made public by the Office of Sustainability. If a product is not included on the approved list, the Food Facility wishing to use a product as Disposable Food Service Ware shall establish to the City Manager or designee’s satisfaction that the product complies with the requirements detailed in Subsections (a), (b), (d), and (e).
8.27.040 – Recordkeeping and Inspection.
(a) Food Facilities shall keep complete and accurate record or documents of the purchase of the acceptable Disposable Food Service Ware evidencing compliance with this Chapter for a minimum period of three years from the date of purchase. (b) The record shall be made available for in spection at no cost to the City during regular business hours by City employee or City-designated staff authorized to enforce this
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Attachment: Ordinance - Disposable Food Service Ware Updates (Amend Food Services Ware) Chapter. Unless an alternative location or method of review is mutually agreed upon, the records or documents shall be made available at the Food Facility address. (c) The provision of false or incomplete information, records, or documents to the City shall be a violation of this Chapter.
8.27.050 – Automatic Exemptions.
(a) Prepackaged Food is exempt from the provisions of this Chapter. (b) Polystyrene coolers and ice chests intended for reuse are exempt from the provisions of this Chapter.
(c) Disposable Food Service Ware that is entirely Aluminum Foil-based or recyclable glass is exempt from the provisions of this Chapter.
(d) If the City determines that a reasonably feasible Disposable Food Service Ware that complies with Section 4.107.040 (a), (b), (d), and (e) of this Chapter does not exist, these items will be exempt from all or select requirements of the abovementioned provisions of this Chapter until the City determines that a reasonably feasible alternative is available on the market for purchase. The County will have a current list of these temporarily exempted Disposable Food Service Ware made public by the Office of Sustainability. (e) Temporary exemptions due to an emergency are automatic without the submission of a request for an exemption. An emergency is defined as a sudden, unexpected occurrence posing a clear and imminent danger that requires immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services. Examples of an emergency include, but are not limited to natural disasters, emergencies due to the release of hazardous materials, emergencies associated with loss of power and/or water, or emergency medical response.
8.27.060 – Case-by-Case Consideration of Requests for Hardship Exemption. (a) Grounds for an exemption.
An exemption from any of the provisions of this Chapter may be granted by the City Manager or designee upon demonstration by a Food Facility to the satisfaction of the City that strict application of the requirements would cause undue hardship . An “undue hardship” includes, but is not limited to the following:
1. A situation unique to the Food Facility where a suitable alternative that conforms with the requirements detailed in Section 4.107.040 (a), (b), (d), and (e) does not exist for a specific application.
2. Imposing the provisions of this Chapter would cause significant economic hardship. “Significant economic hardship” may be based on, but not limited to, demonstrating that suitable Disposable Food Service Ware is not available at a commercially reasonable price and the additional cost associated with providing the Disposable Food Service Ware is particularly burdensome to the Food Facility based on the type of operation(s) affected, the overall size of the business/operation, the number, type and location of its facilities, the impact on the overall financial resources of the Food Facility, and other factors . Reasonable added cost for a suitable item as compared to a similar item that the Food Facility can no longer use shall not by itself constitute adequate grounds to supp ort an exemption for such item. In determining whether a significant economic hardship has been established, the City Manager or designee may consider the following information: ability of the Food Facility to recover the additional expense by increasing its prices; the availability of tax credits and deductions; outside funding; and other options.
(b) Request for an exemption . A request for an exemption from the requirements of this Chapter shall include all information deemed necessary by the City to render a decision,
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8.27.070 – Authorization of County Enforcement.
In addition to the City’s enforcement mechanisms set for in Title 1 of this code, the City of San Carlos authorizes the County of San Mateo to enforce this chapter of the municipal code, including, without limitation, the authority to act on requests for undue hardship exemptions, hold hearings, issue administrative fines and retain collected fines.
SECTION 3: California Environmental Quality Act (CEQA) Finding. This Ordinance is exempt from the environmental review requirements of CEQA pursuant to Section 15061 (b)(3) of Title 14 of the California Code of Regulations because it can be seen with certainty that there is no possibility that the provisions contained herein may have a significant effect on the environment.
Further, the Ordinance is also exempt from the requirements of CEQA pursuant to CEQA Guidelines Sections 15307 and 15308 of Title 14 of the California Code of Regulations as actions taken by regulatory agencies to assure the maintena nce, restoration, enhancement of natural resources, or protection of the environment.
SECTION 4: That the City Council hereby declares that it would have passed this Ordinance sentence by sentence, paragraph by paragraph, and section by section, and does hereby declare that any provisions of this Ordinance are severable, and, if for any reason any sentence, paragraph or section of this Ordinance shall be held invalid, such decision shall not affect the validity of the remaining parts of this Ordinance.
SECTION 5: This Ordinance shall be published and posted according to law and shall take effect and be in force on October 1, 2022.
* * * * *
I, Crystal Mui, City Clerk, hereby certify that the foregoing Ordinance was i ntroduced by the City Council of the Cit y of San Carlos on the 28th day of February, 2022 and passed and adopted at a regular meeting thereof held on the day of , 2022 by the following vote:
________________________________
CITY CLERK of the City of San Carlos
APPROVED:
_____________________________
MAYOR of the City of San Carlos
AYES, COUNCILMEMBERS:
NOES, COUNCILMEMBERS:
ABSENT, COUNCILMEMBERS:
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