(a) As used in this section:
"Disposable food service ware" means single-use disposable products used in the restaurant and food service industry for serving prepared food and includes, but is not limited to, plates, trays, cups, bowls, and hinged or lidded containers (clamshells). Disposable food ware does not include straws, utensils, drink lids, or ice chests.
"Food service operation" means a place, location, site, or separate area where food intended to be served in individual portions is prepared or served for a charge or required donation. As used in this section, "served" means a response made to an order for one or more individual portions of food in a form that is edible without washing, cooking, or additional preparation and "prepared" means any action that affects a food other than receiving or maintaining it at the temperature at which it was received.
"Food service operation" includes a catering food service operation, food delivery sales operation, mobile food service operation, seasonal food service operation, temporary food service operation, and vending machine location.
"National food service operation" means a food service operation that is a chain of franchise or corporate owned establishments located in more than one state.
"Expanded polystyrene" means a thermoplastic petrochemical material made from a styrene monomer and expanded or blown using a gaseous agent.
"Prepared Food" means food or beverages that are packaged, cooked, chopped, sliced, mixed, brewed, frozen, squeezed, or otherwise prepared on the premises. It does not include any raw, uncooked meat products or fruits or vegetables unless it can be consumed without further preparation; or prepackaged food that is delivered to the food service operation wholly encased, contained or packaged in a container or wrapper, and sold or otherwise provided by the food service operation in the same container packaging.
(b) No national food service operation shall sell or otherwise provide prepared food in expanded polystyrene disposable food service ware on or after December 31, 2020. No food service operation shall sell or otherwise provide prepared food in expanded polystyrene foam disposable food service ware on or after December 31, 2021.
(c) Organizational Liability. Pursuant to Codified Ordinances Section 501.11, it is the intent to impose organizational liability for violation of this section committed by an officer, agent, or employee of a business or organization while acting on behalf of the business or organization and within the scope of the officer's, employee's or agent's office or employment.
(d) Violation of this section shall be a minor misdemeanor punishable by a fine of one hundred fifty dollars ($150.00) per violation.
(Ord. 3551. Passed 2-4-20.)