Notwithstanding any other provision to the contrary, this chapter shall not apply to:
(a) Any flexible packaging or other flexible transparent covering of ten mils or less in thickness unless disapproved by the Director of Public Service and Development pursuant to rules promulgated pursuant to Section 743.04;
(b) Any paper, cellophane or other cellulose-based packaging that is coated with plastic on only one side;
(c) Any packaging which is not otherwise environmentally acceptable packaging for which there is not commercially available alternative as determined by rule and regulation promulgated and adopted pursuant to Section 743.04.
In determining whether there is a commercially available alternative the Director shall consider:
(1) The availability of environmentally acceptable packaging for the affected product. Among the factors to be considered in determining whether environmentally acceptable packaging is available are whether acceptable packaging has been previously used for the same or like product or whether acceptable packaging is currently being used for the same or like product or whether acceptable packaging is reasonably available for purchase and use for the packaging of the same or like product.
(2) The competitive effects on retail food vendors involved in the sale of product brands or labels available only in packaging which is not environmentally acceptable packaging.
Every rule and regulation creating an exemption pursuant to this section shall be reviewed annually by the Director to determine whether then current conditions continue to warrant the specific exemption.
(Ord. 90-3. Passed 2-4-91.)