For the purposes of this article, the following definitions shall apply:
(A) COMPOSTABLE - All the materials in the product or package will break down, or otherwise become part of usable compost (e.g. soil-conditioning material, mulch). To be considered COMPOSTABLE, disposable foodware must meet American Society for Testing and Materials (ASTM) standards for compostable materials and must be certified by the Biodegradable Products Institute (BPI) as such.
(B) DISPOSABLE FOODWARE or DISPOSABLES - Single-use, disposable products used for serving, transporting, or consuming prepared food, including but not limited to plates, bowls, trays, wrappers or wrapping, platters, cartons, hinged food containers, condiment containers, cups or drinkware, or any other container in or on which prepared foods are placed or packaged for consumption.
(C) DISTRIBUTE - To provide or offer to provide an item, either as a separate transaction or as part of a transaction for another item, regardless of whether compensation is received.
(D) ENCAPSULATED EPS PRODUCTS - Expanded polystyrene products that have been completely encased by a more durable material that protects the EPS material from disintegration and makes the product suitable for reuse multiple times.
(E) EPS FOODWARE or EPS DISPOSABLE FOODWARE - Disposable foodware made in whole or in part from EPS.
(F) EXPANDED POLYSTYRENE or EPS - Polystyrene that has been expanded or blown using a gaseous blowing agent into a solid foam. EPS is colloquially called STYROFOAM, a Dow Chemical Co. trademark form of polystyrene foam insulation.
(G) EXPANDED POLYSTYRENE PRODUCT or EPS PRODUCT - Any item such as a non-encased cooler or ice chest, cup, bowl, plate, hinged food container (clamshell), shipping box, packing material, or any other item made from expanded polystyrene.
(H) FOOD PROVIDER - Any person or public agency, including the city, that distributes prepared food within the city to the public to be consumed on the premises or for take-away consumption. FOOD PROVIDER includes but is not limited to: (1) a grocery store, supermarket, delicatessen, restaurant, drive-thru, quick-service food, cafe, cafeteria, coffee shop, snack shop, public food market, farmers' market, convenience store, employee cafeterias operated at businesses located within the city or similar fixed place where prepared food is available for sale on the premises or for take-away consumption; and (2) any mobile store, food vendor, caterer, food truck, street and sidewalk vendors and outdoor food sales, vending machine or similar mobile outlet. FOOD PROVIDER also includes any business, organization, or group that regularly provides prepared food to its members or the public as part of its activities or services.
(I) POLYSTYRENE - A thermoplastic petrochemical material utilizing the styrene monomer, including but not limited to polystyrene foam or EPS, processed by any number of techniques, including but not limited to fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding, or extrusion-blow molding (extruded foam polystyrene), and clear or solid polystyrene (oriented polystyrene).
(J) PREPARED FOOD - Any food or beverage that is ready to consume without any further preparation, alteration, or repackaging.
(K) RECYCLABLE - Materials that can be collected for return to the economic mainstream in the form of processed materials, rather than becoming solid waste. Such materials may include paper, cardboard, glass, metal, plastics, vegetable or plant matter, compostables, construction and demolition materials, and other materials specified by the City Manager, for inclusion in the city's recycling program.
(Ord. No. 3022)