HomeMy WebLinkAboutOrd 1861ORDINANCE 1'4O.�g61-2011
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF BURLINGAME ADDING CHAPTER 8.10
TOTHE BURLINGAME MUNICIPAL CODE
TO PROIIIBIT FOOD VENDORS FROM USING
POLYSTYRENE BASED DISPOSABLE
FOOD SERVICE WARE
The City Council of the City of Burlingame does ordain as follows:
Division 1. Factual background
WHEREAS, the County of San Mateo has adopted an ordinance prohibiting food
vendors from using polystyrene based disposable food service ware; and
WHEREAS the City Council finds that polystyrene is a petroleum-based,
lightweight plastic material commonly used as food service ware by retail food vendors
operating in the City of Burlingame. Polystyrene, often referred to by the trademark
Styrofoam, has also become a problematic environmental pollutant given its non -
biodegradable, and nearly non -reusable nature; and
WHEREAS the City Council finds that polystyrene -based, single -use food
service ware consistently constitutes a substantial portion of the trash and litter found on
the streets and in the storm drains within the City of Burlingame; and
WHEREAS the City Council finds that effective ways to reduce the negative
environmental impacts of disposable food service ware include reusing or recycling on
service ware and using compostable materials made from renewable resources such as
paper, cardboard, corn starch, potato starch, and/or sugarcane; and
WHEREAS the City Council does, accordingly, find
and declare that it should
restrict the use by food vendors of polystyrene -based disposable food service ware, and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
BURLINGAME DOES ORDAIN AS FOLLOWS:
Division 2. The Burlingame Municipal Code is hereby amended to add Chapter 8.10
to read as follows:
"Chapter 8.10. Prohibition of the Use of Polystyrene Based Disposable Food
Service Ware by Food Vendors
Section 8.10.010. Adoption of San Mateo County Ordinance by Reference
Chapter 4.107 of Title 4 of the San Mateo County ordinance code, entitled
"Prohibition on the Use of Polystyrene Based Disposable Food Service Ware by
Food Vendors", and any amendment thereto, aze hereby adopted by this reference
and made part of the Burlingame Municipal Code and are, accordingly, effective
in this city. Certified copies of Chapter 4.107 of Title 4, as adopted hereby, and
any subsequent amendment, shall be deposited with the City Clerk, and shall be at
alI times maintained by the Clerk for use and examination by the public.
Section 8.10.020. Authorization of Enforcement By San Mateo County
Personnel.
The County of San Mateo, its officers, employees and agents are hereby
authorized to enforce, on behalf of the city, Chapter 4.107 "Prohibition on the Use
of Polystyrene Based Disposable Food Service Ware by Food Vendors" of Title 4
of the San Mateo County ordinance code, and any amendments thereto, within the
jurisdiction areas of this city. Such enforcement authority includes, but is not
limited to, the collection of fees and fines, expending. such revenue in the
enforcement of the prohibition on the use of polystyrene based disposable food
service ware by food vendors, holding hearings, suspending permits and issuing
administrative fines.
Division 3. This ordinance shall be effecfive January 1, 2012.
Division 4. This ordinance is not subject to the California Environmental Quality Act
because it is not a "project" which would have a direct physical change or a reasonably
foreseeable indirect physical change on the environment pursuant to CEQA Guidelines
section 15378. And, even if it were a project subject to CEQA review, this project would
be exempt from CEQA pursuant to section 15307 [exemptions for actions to protect
natural resources] , section 15308 [exemptions for actions to protect the environment],
section 15378(b)(2) [exemption for policymaking], and 15183 [actions consistent with
the general plan].
Division 5. This ordinance, or a summary as applicable, shall be published as required
by law.
Terry Nhgel, Nlyor
1, Mary Ellen Kearney, City Clerk of the City of Burlingame, do hereby certify
that the foregoing ordinance was introduced at a regular meeting of the City Council held
on the 2nd day of May, 2011, and adopted thereafter at a regular meeting of the City
Council held on the 16th day of May, 2011, by the following vote:
AYES: COUNCILMEMBERS: BROWNRIGG, DEAL, KEIGHRAN, NAGEL
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: BAYLOCR
! SMI
/ J 'I.a
ORDINANCE NO. 04542
BOARD OF SUPERVISORS, COUNTY OF SAN MATEO,
STATE OF CALIFORNIA
AN ORDINANCE ADDING CHAPTER 4.107, COMPRISING OF SECTIONS 4.107.010
THROUGH 4.107.080 TO TITLE 4 OF THE SAN MATEO COUNTY
ORDINANCE CODE PROHIBITING FOOD VENDORS FROM USING
POLYSTYRENE BASED DISPOSABLE FOOD SERVICE WARE
The Board of Supervisors of the County of San Mateo, State of California,
ORDAINS as follows
SECTION 1. Chapter 4.107, comprising of sections 4.107.010 through 4.107.080, is
hereby added to Title 4 of the San Mateo County Ordinance Code and shall read as
follows:
Chapter 4.107 PROHIBITION ON THE USE OF POLYSTYRENE BASED
DISPOSABLE FOOD SERVICE WARE BY FOOD VENDORS
4.107.010 Findings and purpose.
The Board ofi Supervisors finds and determines that:
(a) Polystyrene is apetroleum-based, lightweight plastic material commonly used as
food service ware by retail food vendors operating in the County of San Mateo.
Polystyrene, often referred to by the trademark Styrofoam, has also become a
problematic environmental pollutant given its non -biodegradable, and nearly non -
reusable nature.
(b) Polystyrene -based, single -use food service ware constitutes a substantial portion
of the litter within the County of San Mateo.
(c) Eff
ective ways to reduce the negative environmental impacts of disposable food
service ware include reusing or recycling food service ware and using
compostable materials made from renewable resources such as paper, cardboard,
corn starch, potato starch, and/or sugarcane.
(d) This Board does, accordingly, find and declare that it should restrict the use by
food vendors of polystyrene -based disposable food service ware.
4.107.020 Definitions.
For purposes of this chapter, the following terms have the following meanings:
(a) "Disposable food service ware" means single -use disposable products used in the
restaurant and food service industry for serving or transporting prepared, ready -to -
consume food or beverages. This includes but is not limited to plates, cups, bowls,
trays and hinged or lidded containers, also known as clamshells. This does not
include straws, utensils, or cup lids nor does it include disposable packaging for
unprepared foods.
(b) "Food vendor" means any vendor, business, organization, entity, group or
individual, including a licensed retail food establishment that provides prepared
food at a retail level.
(c) "Polystyrene -based" means and includes expanded polystyrene, which is a
thermoplastic petrochemical material utilizing a styrene monomer and processed
by any number of techniques including , but not limited to fusion of polymer
spheres (expandable bead polystyrene), injection molding, form molding, and
extrusion -blow molding (extruded foam polystyrene). The term "polystyrene" also
includes polystyrene that has been expanded or blown using a gaseous blowing
agent into a solid foam (expanded polystyrene (EPS)), and clear or solid
polystyrene known as oriented polystyrene.
(d) "Prepackaged food" means any properly labeled processed food, prepackaged to
prevent any direct human contact with the food product upon distribution from the
manufacturer, and prepared at an approved source.
(e) "Prepared food" means food o, beverages, which are serviced, packaged,
cooked, chopped, sliced, mixed, brewed, frozen, squeezed or otherwise prepared.
Prepared food does not include eggs, fish, meat, poultry, and foods containing
these raw ariimal foods requiring cooking by the consumer as recommended by
the Food and Drug Administration.
4.107.030 Prohibited use polystyrene -based disposable food service ware.
No food vendor shall use polystyrene -based disposable food service ware when
providing prepared food.
4.107.040 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) Food vendors at the San Francisco International Airport are exempt from the
provisions of this chapter.
4.107.050 Request For An Exemption.
Any food vendor may seek an exemption from the requirements of this chapter upon
demonstrating that strict application of the requirements would cause undue hardship.
(a) An "undue hardship" shall be found in:
(1)
Situations unique to the food vendor where a suitable alternative does not
exist for a specific application; and/or
(2) Situations where no reasonably feasible available alternative exists to a
specific and necessary container prohibited by this chapter.
(b) The application process for exemption shall be as follows:
(1) The food vendor seeking an exemption shall submit a written exemption
request to the Environmental Health Division.
(2) A written exemption request shall include all information and documentation
necessary for the Director of the Environmenfal Health Division to make a
finding that imposition of this chapter would cause an undue hardship as
defined in Section 4.107.050(a).
(3) The Director of the Environmental Health Division may require the applicant
to provide additional information in order to make a determination regarding
the exemption application.
(4) Exemption decisions are effective immediately and are final and not subject
to appeal.
(5) The Director of the Environmental Health Division or his/her designee may
grant an exemption for a period of up to one year upon a finding that the food
venA
or seeking the exemption has demonstrated that strict application of the
specific requirement would cause undue hardship as defined in 4.107.050 (a).
(c) If a food vendor granted an exemption wishes to have the exemption extended, it
must re -apply for the exemption prior to the expiration of the one year exemption
period and demonstrate continued undue hardship. Extensions may be granted for
intervals not to exceed one year.
4.107.060 Administrative fine.
(a) Grounds for Fine. A fine may be imposed upon findings made by the Director of
the Environmental Health Division, or his or her designee, that any food vendor
has used polystyrene -based disposable food service ware in violation of this
Chapter,
(b) Amount of Fine. Upon findings made under subsection (a), the food vendor shall
be subject to an administrative fine as follows:
(1) A fine not exceeding one hundred dollars ($100) for a first violation;
(2) A fine not exceeding two hundred dollars ($200) for a second violation;
(3) A fine not exceeding five hundred dollars ($500) for the third and subsequent
violations;
(4) Each day that a food vendor uses polystyrene -based disposable food service
ware when providing prepared food shall constitute a separate violation.
(c) Fine Procedures. Notice of the fine shall be served on the food vendor. The notice
shall contain an advisement of the right to request a hearing before the Director of
the Environmental Health Division or his or her designee contesting the imposition
of the fine. The grounds for the contest shall be either that (1) the food vendor did
not use polystyrene -based disposable food service ware when providing prepared
food or (2) the food vendor would have been granted an exemption under
4.107.050 if the food vendor had applied for such exemption. Said hearing must be
requested within ten days of the date appearing on the notice of the fine. The
decision of the Director of the Environmental Health Division shall be based upon
a finding that one of the above listed grounds for a contest have been met and
shall be a final administrative order, with no administrative right of appeal.
(d) Failure to Pay Fine. If said fine is not paid within 30 days from the date appearing
on the notice of the fine or of the notice of determination of the Director of the
Environmental Health Division or his or her designee after the hearing, the fine
shall be referred to a collection agency.
4.107.070 Severability.
If any provision of this chapter or the application of such provision to any person or in
any circumstances shall be held invalid, the remainder of this chapter, or the application
of such provision to person or in circumstances other than those as to which it is held
invalid, shall not be affected thereby.
4.107.080 Enforcement of this chapter when adopted.
The Environmental Health Division is hereby directed to enforce Chapter 4.107 of Title 4
within -an incorporated area of the County of San Mateo if the governing body of that
incorporated area does each of the following:
(a) Adopts, and makes part of its municipal code:
(1) Chapter 4.107 of Title 4 in its entirety by reference; or
(2) An ordinance that contains each of the provisions of Chapter 4.107 of Title 4;
(b) Authorizes, by ordinance or resolution, the Environmental Health Division to
enforce the municipal code adopted pursuant to subsection (a) of this section,
such authorization to include, without limitation, the authority to hold hearings and
issue administrative fines within the incorporated area of the public entity.
SECTION 2. This Ordinance shall be effective as of July 1, 2011.
BURLINGAME
POLYSTYRENE FOODWARE ORDINANCE`;
Frequently Asked Questions
Who has to follow the Ordinance?
All food vendors who operate in unincorporated San Mateo County, selling prepared food as listed in
the Ordinance, including but not limited to restaurants, cafes, delis, fast-food establishments, vendors
at fairs, and food trucks. Food vendors in cities that adopt the County Ordinance must follow the
Ordinance beginning on the effective date of their city's Ordinance adoption. The Burlingame City
Council is tentatively scheduled to consider adoption of the County Ordinance on May 2, 2011; an
effective date will be determined at the time of adoption.
What does the Ordinance prohibit?
Foam and solid Polystyrene food service ware as listed in the Ordinance, including but not limited to
containers, bowls, plates, and cups. Ask your supplier if you are unsure if your products are
Polystyrene. The Ordinance becomes effective in unincorporated areas of the County of San Mateo
effective July 1, 2011.
What is wrong with Polystyrene food service ware?
• It is not recyclable.
• It is a common item that is littered on streets that ends up in storm drains, on beaches, and in
the Bay and Ocean.
■ It breaks down into smaller pieces that may be ingested by wildlife resulting in reduced
appetite, reduced nutrient absorption, and starvation.
■ It contains hazardous chemicals that may leach from Polystyrene containers into food and
drink and may cause cancer.
What food service ware does the Ordinance allow?
Any type of biodegradable, compostable, reusable, or recyclable food service ware.
Acceptable products include: Aluminum, plastics coded with #1, 2, 4 or 5, uncoated or coated
paper, cardboard, and plastics made from corn, potatoes, sugar, or other plant based
products.
Page 1 ofi 2
POLYSTYRENE FOODWARE ORDINANCE — Frequently Asked Questions
What are the penalties for non-compliance?
Violations may result in fines, as follows:
1St Violation = $100
2"d Violation = $200
3`d Violation = $500 (each day observed using Polystyrene = 1 violation)
Enforcement is done by the County of San Mateo Health Inspector.
What can my business do to reduce food service ware costs?
Allow and encourage customers to bring their own mugs to buy drinks.
Charge a "take out fee" to cover the cost difference.
Use reusable dishes and cups instead of disposable ones for "eat4n" customers.
Questions?
Visit: WWw.smhealth.org/food
Page 2 of 2
Member • Board of Supervisors • San Mateo County
April 19, 2011
Hon. Terry Nagel and Councilmembers
City Hall
501 Primrose Road
Burlingame, 010
Dear'MayorWi Crand ouncilmembers:
Expanded polystyrene — common
Styrofoam — is a petroleum, -dated
commercial and retail uses'`ltsloW
have given retail food ve-t ors;;'an
disposable, take-out use. "
APR 22 Nil
Chemical trademark
dial with many industrial,
taut and insulating properties
ent'container, especially for
However, polystyrene hasalso been Ede.'ntified.as an,envirorimental pollutant, given its
non -biodegradable, non, -recyclable and nearly non -reusable nature. Polystyrene foam is
showing up along roadways, waterways and in the ocean: Reducing the daily use of
disposal polystyrene foodservice oontainers will help; reduce the volume of this pollutant.
Recognizing the problem, your Board of Supery(sors.recently adopted an ordinance
prohibiting retail food vendors from usmg� polystyrene' -based containers. This ordinance
takes effect July 1, 2011, and only affects the uninenrporated portions of San Mateo
County; the majority of retail food vendors are located within municipal jurisdictions.
A few cities in San Mateo County already have their own ordinances prohibiting
polystyrene. However, I would encourage all San Mateo County cities to adopt, by
reference, the county's ordinance to create uniformity and also because the county's
regular restaurant inspectors can assist with education and enforcement.
Enclosed is recommended language for consideration by your council and city attorney,
plus a copy of the full county ordinance.
If you have any questions or concerns, please contact me at your convenience.
nne J. Tissier
APR 2 2 2011
400 County Center, Redwood City, California 94®63 Ci-fY CiF f?URL!NGP.kNE
CDD-PWNN(NG DEV.
Direct Line (650) 363-1572 •Fax (650) 599-1027
ORDINANCE NO,
CITY COUNCIL, CITY OF ,
STATE OF CALIFORNIA
AN ORDINANCE ADDING CHAPTER TO THE CITY OF
ORDINANCE CODE
PROHIBITING FOOD VENDORS FROM USING POLYSTYRENE BASED
DISPOSABLE FOOD SERVICE WARE
The City Council of the of the City of State of California, ORDAINS
as follows
WHEREAS, the County of San Mateo has adopted an ordinance prohibiting food
vendors from using polystyrene based disposable food service ware; and
WHEREAS this Council finds that polystyrene is a pefroleum-based, lightweight
plastic material commonly used as food service ware by retail food vendors operating in
the City of . Polystyrene, often referred to by the trademark
Styrofoam, has also become a problematic environmental pollutant given its non -
biodegradable, and nearly non -reusable nature; and
WHEREAS this Council finds that polystyrene -based, single -use food service
ware constitutes a substantial portion of the lifter within the City of and
WHEREAS this Council finds that effective ways to reduce the negative
environmental impacts of disposable food service ware include reusing or recycling
food service ware and using compostable materials made from renewable resources
such as paper, cardboard, corn starch, potato starch, and/or sugarcane; and
WHEREAS this Council does, accordingly, find and declare that it should restrict
the use by food vendors of polystyrene -based disposable food service ware, and
WHEREAS the City Council ORDAINS as follows:
SECTION 1. Chapter _ is added to City of
shall read as follows:
Ordinance Code and
Chapter _ "Prohibition on the Use of Polystyrene Based Disposable Food
Service Ware"
Section Authorization of Enforcement by San Mateo County Personnel
Chapter 4.107 "Prohibition on the Use of Polystyrene Based Disposable Food Service
Ware by Food Vendors" of Title 4 of the San Mateo County ordinance code, and any
amendment thereto, are hereby adopted and made effective in this city. Certified copies
ORDINANCE NO. (A54N
BOARD OF SUPERVISORS, COUNTY OF SAN MATEO,
STATE OF CALIFORNIA
AN ORDINANCE AbDING CHAPTER 4.107, COMPRISING OF SECTIONS 4.107.010
THROUGH 4.107.080 TO TITLE 4 OF THE SAN MATEO COUNTY
ORDINANCE CODE PROHIBITING FOOD VENDORS FROM USING
POLYSTYRENE BASED DISPOSABLE FOOD SERVICE WARE
The Board of Supervisors of the County of San Mateo, State of California,
ORDAINS as follows
SECTION 1. Chapter 4.107, comprising of sections 4.107.010 through 4.107.080, is
hereby added to Title 4 of the San Mateo County Ordinance Code and shall read as
follows:
Chapter 4.107 PROHIBITION ON THE USE OF POLYSTYRENE BASED
DISPOSABLE FOOD SERVIGE WARE BY FOOD VENDOR5
4.107.010 Findings and purpose.
The Board of Supervisors finds and determines that:
(a) Polystyrene is apetroleum-based, lightweight plastic material commonly used as
food service ware by retail food vendors operating in the County of San Mateo.
Polystyrene, often referred to by the trademark Styrofoam, has also become a
problematic environmental pollutant given its non -biodegradable, and nearly non -
reusable nature.
(b) Polystyrene -based, single -use food service ware constitutes a substantial portion
of the litter within the County
of San Mateo.
(c} . Effective ways to reduce the negative environmental impacts of disposable food
(d) "Prepackaged food" means any properly labeled processed food, prepackaged to
prevent any direct human contact with the food product upon distribution from the
manufacturer, and prepared at an approved source.
(e) "Prepared food" means food or beverages, which are serviced, packaged,
cooked, chopped, sliced, mixed, brewed, frozen, squeezed or otherwise prepared.
Prepared food does not include eggs, fish, meat, poultry, and foods containing
these raw animal foods requiring cooking by the consumer as recommended by
the Food and Drug Administration,
4.107.030 Prohibited use polystyrene -based disposable foodservice ware.
No food vendor shall use polystyrene -based disposable food service ware when
providing prepared food.
4.107.040 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) Food vendors at the San Francisco International Airport are exempt from the
provisions of this chapter.
4.107.050 Request For An F�remption.
Any food vendor may seek an exemption from the requirements of this chapter upon
demonstrating that strict application of the requirements would cause undue hardship.
(a) An "undue hardship" shall be found in:
(1) Situations unique to the food vendor where a suitable alternative does not
exist for a specific application; and/or
the Environmental Health Division, or his or her designee, that any food vendor
has used polystyrene4msed disposable food service ware in violation of this
Chapter.
(b) Amount of Fine. upon findings made under subsection (a), the food vendor shall
be subject to an administrative fine as follows:
(1) A fine not exceeding one hundred dollars ($100) for a first violation;
(2} A fine not exceeding two hundred dollars ($200} for a second violation;
(3) A fine not exceeding five hundred dollars ($500) for the third and subsequent
violations;
(4) Each day that a food vendor uses polystyrene -based disposable food service
ware when providing prepared food shall constitute a separate violation.
(c) Fine Procedures. Notice of the fine shall be served on the food vendor. The notice
shall contain an advisement of the right to request a hearing before the Director of
the Environmental Health Division or his or her designee contesting the imposition
A the fine. The grounds for the contest shall be either that (1) the food vendor did
not use polystyrene -based disposable food service ware when providing prepared
food or (2) the food vendor would have been granted an exemption under
4.107.050 if the food vendor had applied for such exemption. Said hearing must be
requested within ten days of the date appearing on the notice of the fine. The
decision of the Director of the Environmental Health Division shall be based upon
a finding that one of the above listed grounds for a contest have been met and
shall be a final administrative order, with no administrative right of appeal.
(d} Failure to Pay Fine. if said fine is not paid within 30 days from the date appearing
on the notice of the fine or of the notice of determination of the Director of the
Regularly passed and adopted this 1St day of March. 2011.
AYES and in favor of said ordinance:
Supervisors:
CAROLE GROOM
DON HORSLEY
ROSE JACOBS G18SON
ADRIENNE J. T1SSIER
NOES and against said ordinance:
Supervisors: NONE
Absent Supervisors: NONE
Carote Groom
President, Board of Supervisors
County of San Mateo
State of California
Cert�cate of Delivery
1 cerfify
that
a copy of the original ordinance filed
in the Office of the Clerk of the Board of
Supervisors of
San
Mateo County has been delivered fo
the President of the Board of Supervisors.
Mari L Peterson, Deputy
Clerk of the Board of Supervisors