§ 53.06  EXEMPTIONS FOR RECYCLABLE OR PROPERLY COMPOSTED FOOD SERVICE WARE AND OTHER POLYSTYRENE/PLASTIC FOAM PRODUCTS.
   (A)   Products made from polystyrene/plastic foam which is wholly encapsulated or encased by a more durable material are exempt from the provisions of this chapter. Examples include surfboards, boats, life preservers, and craft supplies which are wholly encapsulated or encased by a more durable material, and durable coolers not principally composed of polystyrene/plastic foam;
   (B)   Construction products made from polystyrene/plastic foam are exempted from this chapter if the products are used in compliance with town code and used in a manner preventing the polystyrene/plastic foam from being released into the environment;
   (C)   Emergency, hospital, and medical supply and services procurement. In an emergency situation and for the immediate preservation of the public peace, health or safety, or when a disposable plastic straw is needed by customers due to medical or physical conditions or disabilities and for whom flexible compostable paper straws are unsuitable, town facilities, food vendors, town franchises, contractors and vendors doing business with the town shall be exempt from the provisions of this chapter;
   (D)   Laundry dry cleaning bags, door-hanger bags, newspaper bags, or packages of multiple bags intended for use as garbage, pet waste, or yard waste; although the town encourages the use of recyclable or compostable products throughout;
   (E)   Bags provided by physicians, dentists, pharmacists or veterinarians to contain prescription drugs or other medical necessities;
   (F)   Bags used by a customer inside a business establishment to:
      (1)   Contain bulk items, such as produce, nuts, grains, candy, or small hardware items;
      (2)   Contain or wrap raw or frozen foods, any meat product, whether seasoned or other processed, or any seafood product, whether or not prepackaged;
      (3)   Contain or wrap flowers, potted plants or other items to prevent moisture damage to other purchases; or
      (4)   Contain unwrapped prepared foods or bakery goods;
   (G)   Bags used by a non-profit corporation or other hunger relief charity to distribute food, grocery products, clothing, or other household items;
   (H)   Bags of any type that the customer brings to the store for their own use for carrying away from the store goods that are not placed in a bag provided by the store;
   (I)   Meat trays, plastic lids to contain foods and liquids, and cutlery (i.e.: forks, spoons, knives) are exempt from the provisions of this chapter;
   (J)   Any product purchased, prepared or packaged outside the town and sold in or delivered into the town are exempt from the provisions of this chapter;
   (K)   Any packaging used by food or grocery establishments that is required in order to comply with South Carolina Department of Health and Environmental Control Retail Food Establishment Regulation 61-25, or a similar food safety regulation, or with federal food safety laws or regulations; and
   (L)   Packaging used by food or grocery establishments that is predominantly made of paper, including wax paper products, paper products that have a clear plastic window, and paper products, such as paper cups and soup bowls, that are lined in plastic and used to package ready-to-eat foods.
(Ord. 18024, passed 4-16-18; Am. Ord. 18077, passed 11-13-18; Am. Ord. 19017, passed 4-9-19)