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ARTICLE VIII. WASTE REDUCTION/SOURCE REDUCTION*
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*Editor’s note—2020 L.M.C., ch. 39, § 1 (Bill 32-20), inadvertently added a second Article VII to Chapter 48. 2023 L.M.C., ch. 21, § 1 corrected this to Article VIII.
In this Article:
Food service business means a full-service restaurant, limited-service restaurant, fast food restaurant, café, delicatessen, coffee shop, supermarket, grocery store, vending truck or cart, food truck, business or institutional cafeteria, including those operated by or on behalf of County departments and agencies, and other business selling or providing food within the County for consumption on or off the premises.
Home compostable means a material that has the ability to completely biodegrade in an outdoor, non-industrial environment, leaving no toxic substances or residue. Home compostable includes products that meet the OK Compost Home certification standard adopted by Vincotte.
Marine degradable means a material that has the ability to completely biodegrade under marine environmental conditions including marine waters or marine sediments, leaving no toxic substances or residue. (2020 L.M.C., ch. 39, § 1; 2023 L.M.C., ch. 21
, § 1.)
Editor’s note—2020 L.M.C., ch. 39, §§ 2 and 3, state:
Sec. 2. Effective Dates. Section 1 of this Act takes effect 12 months after this Act become law. Section 3 of this Act takes effect 91 days after this Act becomes law.
Sec. 3. Transition Period. On or after May 1, 2021, a restaurant must not provide a straw to a dine-in customer except: (1) upon the request of the customer; or (2) in a self-service straw dispenser.
(a) Information posting required. A food service business must post information that:
(1) plastic straws will no longer be provided to a customer, except as necessary to comply with local, state, or federal disability rights laws; and
(2) the food service business will provide to a customer, upon request of the customer, a plastic straw to accommodate a medical or disability-related need of the customer, without requiring the customer to disclose any disability-related or medical information.
(b) Certain straws prohibited.
(1) Except as provided in subsection (c) a food service business:
(A) must not provide a plastic straw to a customer; and
(B) may provide a reusable, home compostable, or marine degradable straw to a customer only upon the customer’s request.
(2) Reusable, home compostable, or marine degradable straws include straws made of paper, bamboo, silicone, or stainless steel.
(c) Exemptions.
(1) A food service business:
(A) must keep a limited supply of plastic straws available to customers to comply with local, state, or federal disability rights laws;
(B) must provide a plastic straw to a customer who requests one under this paragraph; and
(C) must not inquire into the nature of the disability or medical information of the customer.
(2) A food service business may provide a reusable, home compostable, or marine degradable straw:
(A) in a self-serve straw dispenser; and
(B) to a customer who is ordering food for carryout, delivery, or drive-thru sales.
(3) If the Executive determines that there is no available home compostable alternative to a plastic straw for a particular use, the Executive may waive the requirements of this Section. The Executive may rescind any wavier granted under this Section when an acceptable alternative has become available.
(d) Outreach and education campaign. The Department must implement a public outreach and education campaign before and during implementation of the provisions of this Article. In developing educational materials, DEP will consult with the Commission on People with Disabilities. (2020 L.M.C., ch. 39, § 1.)
Editor’s note—2020 L.M.C., ch. 39, §§ 2 and 3, state:
Sec. 2. Effective Dates. Section 1 of this Act takes effect 12 months after this Act become law. Section 3 of this Act takes effect 91 days after this Act becomes law.
Sec. 3. Transition Period. On or after May 1, 2021, a restaurant must not provide a straw to a dine-in customer except: (1) upon the request of the customer; or (2) in a self-service straw dispenser.