(a) Definitions. In this section, the following words have the meanings indicated.
(1) "Expanded polystyrene" means blown polystyrene and expanded and extruded foams that are thermoplastic petrochemical materials utilizing a styrene monomer and processed by a number of techniques, including fusion of polymer spheres or expandable bead polystyrene, injection molding, foam molding, and extrusion-blow molding or extruded foam polystyrene.
(2) "Expanded polystyrene food service products" means food containers or service ware, including dishes, hot and cold beverage cups, trays, cartons for eggs and other foods, prepared food or leftover containers, and other products made of expanded polystyrene and used for selling, providing, or serving food that are intended by the manufacturer to be used once for eating or drinking or generally recognized by the public as items to be discarded after one use.
(3) "Food service business" means a full-service restaurant, limited-service restaurant, fast food restaurant, café, delicatessen, coffee shop, supermarket, grocery store, commercial retailer with grocery departments or food service, vending truck or cart, food truck, business or institutional cafeteria, including those operated by or on behalf of County departments and agencies, and other businesses selling or providing food within the County for consumption on or off the premises.
(b) Prohibition on use of expanded polystyrene food service products. A food service business may not provide food in expanded polystyrene food service products, regardless of where the food will be consumed. This prohibition does not apply to food or beverages filled and sealed in expanded polystyrene containers outside of the County prior to receipt by a food service business or to materials used to package raw, uncooked, or butchered meat, fish, poultry, or seafood for off-premises consumption.
(c) Prohibition on sale. A food service business may not sell or offer for sale expanded polystyrene food service products.
(d) Violations. It is a Class E civil offense to violate any provision of this section. A food service business shall be entitled to a warning for the first offense.
(Bill No. 5-19)