Section 122.02 shall not apply to the following items:
(A) Any flexible transparent covering for uncooked or raw meat, poultry, raw fish, hard cheese, cold cuts, fruit and vegetable produce, baked goods, or bread;
(B) Any food packaging used at hospitals or nursing homes;
(C) Any paper or other cellulose based packaging that is coated with polyethylene plastic on only one side;
(D) Any plastic covers, covering material, food containers, lids, eating utensils, or straws that are not made of polystyrene or polyvinyl chloride.
(E) Any cup lid which is not environmentally acceptable, but for which there is not a commercially available alternative determined by the town health director or any entity serving as such may be exempted by rule created under § 122.05(B) provided that the town health director or any entity serving as such or its designee shall report in writing on or before April 30, 1990 and quarterly thereafter to the legislative council on the status of any item exempted under this provision. Upon determination that the item is commercially available, notification will be published and the effective date of the prohibition shall be 90 days from the publication date.
(F) In determining whether there are commercially available alternatives, the town health director or any entity serving as such shall consider the following:
(1) The availability of environmentally acceptable packaging for affected projects;
(2) The economic consequences to manufacturers, suppliers, retailers, and other vendors of requiring environmentally acceptable packaging when available; and
(3) The competitive effects on manufacturers, suppliers, retailers and other vendors involved in the sale of product brands or labels available only in packaging that is not environmentally acceptable packaging.
(Ord. 297, adopted 8-7-89; Am. Ord. 307, passed 2-26-90)