Sec. 48-53. Prohibition on use of polystyrene food service products.

   (a)   A food service business must not sell or provide food in polystyrene food service products, regardless of where the food will be consumed.

   (b)   Subsection (a) does not apply to:

      (1)   food or beverages that were filled and packaged in polystyrene containers outside of the County before a food service business received them; or

      (2)   materials used to package raw, uncooked, or butchered meat, fish, poultry, or seafood for off- premises consumption. (2015 L.M.C., ch. 1, § 1; 2020 L.M.C., ch. 34, §1.)

   Editor’s note—2020 L.M.C., ch. 34, §2, states: Effective Date. The prohibition on use of polystyrene food service products contained in Section 48-53 and the prohibition on the sale of polystyrene food service products contained in Section 48-56 take effect 12 months after this Act becomes law, or on January 1, 2022, whichever comes first.

2015 L.M.C., ch. 1, § 2, states, in part: Effective date.

   (a)   The prohibition on use of expanded polystyrene food service products contained in Section 48-53 and the prohibition on the sale of expanded polystyrene food service products and polystyrene loose fill packaging contained in Section 48-56 take effect on January 1, 2016.

Sec. 48-54. Compostable or recyclable disposable food service ware required.

   (a)   A County facility, agency, or department using disposable food service ware must use compostable or recyclable disposable food service ware unless the Executive determines that there is no suitable affordable compostable or recyclable product available in accordance with Section 48-57.

   (b)   A County contractor or lessee using disposable food service ware must use compostable or recyclable disposable food service ware unless the Executive determines that there is no suitable affordable compostable or recyclable product available in accordance with Section 48-57.

   (c)   A food service business selling or providing food or beverages for consumption on or off premises in disposable food service ware must use compostable or recyclable disposable food service ware unless the Executive determines that there is no suitable affordable compostable or recyclable product available in accordance with Section 48-57. This subsection does not apply to:

      (1)   prepackaged food or beverages that were filled and sealed outside of the County before a food service business received them; or

      (2)   materials used to package raw, uncooked, or butchered meat, fish, poultry, or seafood for off-premises consumption. (2015 L.M.C., ch. 1, § 1.)

   Editor’s note—2015 L.M.C., ch. 1, § 2, states, in part: Effective date.

   (b)   The requirement for a County facility, agency, department, contractor, or lessee to use compostable or recyclable disposable food service ware established by Subsections 48-54(a) and (b) takes effect on January 1, 2016. Notwithstanding any other provision, a County facility, agency, department, contractor, or lessee may use disposable food service ware already purchased as of the effective date of this Act until the supplies are exhausted or until January 1, 2017, whichever is earlier, including disposable food service ware that the County facility, agency, department, contractor or lessee is obligated to purchase under any contracts in force on the effective date of this Act.

   (c)   The requirement to use compostable or recyclable disposable food service ware established by Subsection 48-54(c) takes effect on January 1, 2017.

Sec. 48-55. Education and outreach; recyclable and compostable food service ware list.

   (a)   Education and outreach. The Executive must conduct an education and outreach campaign before and during implementation of the provisions of this Article. This campaign should include:

      (1)   informational mailers to and direct contact with affected businesses; and

      (2)   distribution of information through County internet and web-based resources; and

      (3)   news releases and news events.

   (b)   No later than 180 days after the effective date of this Act, the Executive must publish a list of vendors offering affordable compostable or recyclable disposable food service ware products. The Executive must review and update this list annually for at least 5 years after it is first published. (2015 L.M.C., ch. 1, § 1.)

Sec. 48-56. Prohibition on sale.

   A person must not sell or offer for sale in the County:

   (a)   polystyrene food service products; or

   (b)   polystyrene loose fill packaging. (2015 L.M.C., ch. 1, § 1; 2020 L.M.C., ch. 34, §1.)

   Editor’s note—2015 L.M.C., ch. 1, § 2, states, in part: Effective date.

   (a)   The prohibition on use of expanded polystyrene food service products contained in Section 48-53 and the prohibition on the sale of expanded polystyrene food service products and polystyrene loose fill packaging contained in Section 48-56 take effect on January 1, 2016.

Sec. 48-57. Exemptions.

   If the Executive determines that there is no available affordable compostable or recyclable alternative to a disposable food service ware item, this item must be listed on an exemption list and made available to the public. Sections 48-53 and 48-54 do not apply to a disposable food service ware item on the exemption list or for the first 6 months after an item is removed from the list. The Executive must review and update the exemption list annually to determine whether any items should be removed because an affordable compostable or recyclable alternative has become available. (2015 L.M.C., ch. 1, § 1.)

Sec. 48-58. Enforcement.

   (a)   Any violation of this Article is a class B civil violation. Each day a violation exists is a separate offense.

   (b)   The County Attorney may file an action in a court with jurisdiction to enjoin repeated violations of the Section. (2015 L.M.C., ch. 1, § 1.)

ARTICLE VII. PROHIBITED RELEASE OF BALLOONS.