763.02 PROHIBITED FOOD PACKAGING.
   (a)   Restaurants.
      (1)   No restaurant shall provide food to its customers in any CFC processed food packaging, nor shall any restaurant purchase, obtain or keep any CFC food packaging for such purpose.
      (2)   As to any food packaging obtained after the effective date of this section, each restaurant shall obtain from each of its suppliers a written statement signed by the supplier, or by a responsible agent of the supplier, stating that the supplier will supply no CFC processed food packaging to that vendor, that the suppliers will note on each invoice for food packaging supplied to that vendor that the packaging covered by the invoice is not CFC processed and the identity of the packaging manufacturer.
      (3)   All contracts between a restaurant and a supplier entered into after the effective date of this section shall include provisions that the supplier will supply no CFC processed food packaging; that the supplier will state on each invoice for food packaging supplied that the packaging is not CFC processed; and the identity of the packaging manufacturer. Failure to comply with such provisions shall constitute a material breach of the contract.
      (4)   Restaurants shall retain each supplier's written statement for one year from the date of receipt of any food packaging from that supplier.
   (b)   Retail Food Vendors.
      (1)   Except as provided, no retail food vendor shall sell take-out food in any CFC processed take-out food packaging, nor shall any retail food vendor purchase, obtain or keep any CFC processed packaging for this purpose.
      (2)   All retail food vendors shall segregate, in their warehouse or other storage areas, food packaging used in their take-out food operations from other food packaging. Take-out food packing containers or boxes shall be labeled as such and shall indicate that they contain food packing which is not CFC processed.
      (3)   As to any take-out food packaging purchased after the effective date of this section, each retail food vendor shall comply with the requirements of subsections (a)(2) and (4) hereof.
      (4)   All contracts for the purchase of take-out food packaging entered into after the effective date of this section shall comply with the provisions of subsection (a)(3) hereof.
         (Ord. 1989-232. Passed 12-12-89.)