The following EPS foodware and products are exempt from the provisions of this article:
(A) Prepared food packaged outside the city, provided such food is not altered or repackaged within the city limits.
(B) EPS insulated containers designed to safely transport by mail or common carrier prepared food, frozen goods, perishables, pharmaceuticals, biotech, and medical supplies in compliance with the Food and Drug Administration or other regulatory agency recommended temperatures.
(C) EPS containers, plates, or trays for raw eggs, butchered meats, fish, and/or poultry.
(D) Materials secured in response and due to an emergency or for a public health and safety requirement.
(E) The city may exempt a food provider or person when there is a locally declared emergency, a public health and safety requirement or a medical necessity to use an otherwise prohibited EPS product.
(F) Construction products made from, or that include, EPS if the products are used in compliance with other city, State, and federal provisions, codes, ordinances, or regulations.
(G) EPS packaging products which have been received from sources outside the city may be reused to keep them out of the waste stream.
(H) EPS materials used to ship goods produced within the city where viable alternatives are not available.
(I) Other EPS products generated or manufactured outside of the city, including: shipping boxes, pool or beach toys, and other wholly encapsulated EPS products.
(J) Situations where no reasonably feasible and available alternative exists to a specific and necessary EPS use.
(Ord. No. 3022)