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For purposes of this Chapter 16, the following definitions shall apply:
“ASTM Standard Specification” means Standard Specification for Compostable Plastics D6400 or Standard Specification for Biodegradable Plastics D6868, as adopted or subsequently amended by the American Society for Testing and Materials (ASTM).
“City” means the City and County of San Francisco.
“City contractors and lessees” means any person or entity that has a contract with the City for public works or improvements to be performed, for a franchise, concession, or lease of property, for grant monies or goods and services or supplies to be purchased at the expense of the City, or to be paid out of monies deposited in the Treasury or out of trust monies under the control of or collected by the City.
“City Facility” means any building, structure, or vehicle owned or operated by the City.
“City Facility Food Provider” means an entity that provides, but does not sell, Prepared Food in City Facilities, including without limitation, San Francisco General Hospital, Laguna Honda Hospital, the San Francisco County Jail, and the San Bruno Jail Complex.
“Compostable” means that an item or material is (1) accepted in San Francisco’s available composting collection program as fully compostable, as determined by the Department of the Environment; (2) is listed, described, or referenced on the Department’s website as compostable; and (3) as of January 1, 2020 is either certified compostable by the Biodegradable Product Institute or other third party recognized by the Department, or is a napkin, stirrer, splash stick, cocktail stick, toothpick, or utensil made entirely of Natural Fiber.
“Department” means the Department of the Environment.
“Director” means the Director of the Department of the Environment, or his or her designee.
“Distribute” means the sale, offer for sale, or other transfer of possession of an item for compensation, either as a separate transaction or as part of the sale, offer for sale, or other transfer of possession of another item for compensation.
“Egg Carton” means a carton for raw eggs sold to consumers from a refrigerator case or similar retail appliance.
“Event” means any indoor event at a City Facility, or any outdoor event subject to a City permit, where more than 100 people attend or participate.
“Event Food Vendor” means any business selling, or providing based on ticket purchase or entrance fee, Prepared Food at an Event.
“Event Producer” means a person or entity who contracts with or obtains a permit from the City, or an agent acting on the City’s behalf, to hold its own Event, or a City entity or department holding its own Event.
“Fluorinated Chemical” means a class of fluorinated organic compounds containing at least one fully fluorinated carbon atom, also known as perfluoroalkyl and polyfluoroalkyl substances, or PFAS chemicals.
“Fluorinated Chemical Free” means an item (1) contains no intentionally added Fluorinated Chemicals beyond a Department-determined acceptable threshold, as determined by the Department of the Environment; (2) is listed, described, or referenced as fluorinated chemical free on the Department’s website; and (3) is either certified by the Biodegradable Product Institute or other third party as recognized by the Department, or is a napkin, stirrer, splash stick, cocktail stick, toothpick, or utensil made entirely of Natural Fiber.
“Food Service Ware” means all containers, bowls, plates, trays, cups, lids, straws, forks, spoons, knives, napkins, and other like items that are designed for a single use for Prepared Foods, including without limitation, service ware for takeout foods and/or leftovers from partially consumed meals prepared by Food Vendors. The term “Food Service Ware” includes Food Service Ware Accessories and does not include items composed entirely of aluminum, or polystyrene foam coolers and ice chests.
“Food Service Ware Accessory” means all types of single-use items usually provided alongside Prepared Food in single-use plates or cups, including but not limited to utensils, chopsticks, napkins, cup lids, cup sleeves, food or beverage trays, condiment packets and saucers, straws, stirrers, splash sticks, cocktail sticks, and toothpicks designed for a single use for Prepared Foods.
“Food Vendor” means any Restaurant, Retail Food Vendor, Event Food Vendor, or any business that accepts orders on behalf of and delivers meals from a Food Vendor, located or operating within the City.
“Meat and Fish Tray” means a tray for raw meat, fish, or poultry sold to consumers from a refrigerator case or similar retail appliance.
“Natural Fiber” means a plant- or animal-based, non-synthetic fiber, including but not limited to paper, wood, or bamboo. Natural Fiber does not include plastic of any kind.
“Packing Material” means material used to hold, cushion, or protect items packed in a container for shipping, transport, or storage.
“Person” means an individual, trust, firm, joint stock company, corporation including a government corporation, partnership, or association.
“Polystyrene Foam” means blown polystyrene and expanded and extruded foams which are thermoplastic petrochemical materials utilizing a styrene monomer and processed by any number of techniques including, but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding, and extrusion-blown molding (extruded foam polystyrene). Polystyrene foam is generally used to make cups, bowls, plates, trays, clamshell containers, meat trays and egg cartons.
“Prepared Food” means food or beverages, which are serviced, packaged, cooked, chopped, sliced, mixed, brewed, frozen, squeezed, or otherwise prepared (collectively “prepared”) for individual customers or consumers. Prepared Food does not include raw eggs or raw, butchered meats, fish, and/or poultry sold from a butcher case, a refrigerator case, or similar retail appliance.
“Recyclable” means material that can be sorted, cleansed, and reconstituted using the City’s available recycling collection programs for the purpose of using the altered form in the manufacture of a new product. Recycling does not include burning, incinerating, converting, or otherwise thermally destroying solid waste.
“Restaurant” means any establishment located within the City that sells Prepared Food for consumption on, near, or off its premises. The term includes a Restaurant operating from a temporary facility, cart, vehicle, or mobile unit.
“Retail Food Vendor” means any store, shop, sales outlet, or other establishment, including a grocery store or a delicatessen, other than a Restaurant, located within the City that sells Prepared Food.
“Reusable Beverage Cup” means any vessel or container for a Prepared Food beverage that is specifically designed and manufactured for repeated cleaning, disinfecting, and reuse at least 100 times, and is dishwasher safe.
“Single-use” means designed to be used once and discarded, and not designed for repeated use and sanitizing.
(Ord. 295-06, File No. 060944, App. 11/29/2006; amended by Ord. 140-16, File No. 160383, App. 7/29/2016, Eff. 8/28/2016, Oper. 1/1/2017 [see note at end of Chapter]; Ord. 250-18, File No. 180002, App. 11/2/2018, Eff. 12/3/2018; Ord. 201-18, File No. 180519, App. 8/10/2018, Eff. 9/10/2018, Oper. 7/1/2019; Ord. 294-18, File No. 181004, App. 12/7/2018, Eff. 1/7/2019, Oper. 7/1/2019)