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(a) No person may sell, offer for sale, or otherwise Distribute within the City (1) any Food Service Ware that is not either Compostable or Recyclable, (2) any Food Service Ware made, in whole or in part, from Polystyrene Foam, (3) any single-use stirrers, splash sticks, cocktail sticks, or toothpicks made with plastic, including compostable, bio- or plant-based plastic, or (4) beginning January 1, 2020, any Food Service Ware that is Compostable and not Fluorinated Chemical Free.
(b) The Director may adopt a list of suitable alternative Compostable or Recyclable Food Service Ware products. “Suitable alternative Compostable or Recyclable Food Service Ware products” means Food Service Ware products that the Director determines serve the same intended purpose as non-compliant products, meet the standards for what is Compostable and/or Recyclable set under this Chapter 16, and are reasonably affordable. The Director shall regularly update the list.
(c) Beginning January 1, 2020, no person may sell, offer for sale, or otherwise Distribute within the City Food Service Ware that does not contain a minimum post-consumer recycled content that may be specified by the Director in regulations according to the Director’s assessment of market availability and costs.
If a product is included on the Director’s list, it will be deemed to comply with this Section 1603. If a product is not included on the Director’s list, the person using the product as Food Service Ware will have the burden of establishing to the Director’s satisfaction that the product complies with this Section.
(Former Sec. 1603 added by Ord. 295-06, File No. 060944, App. 11/29/2006; renumbered as Sec. 1604 and amended by Ord. 140-16, File No. 160383, App. 7/29/2016, Eff. 8/28/2016, Oper. 1/1/2017)