(a) Food Vendors may not sell, offer for sale, or otherwise Distribute Prepared Food (1) in Food Service Ware made, in whole or in part, from Polystyrene Foam, (2) in Food Service Ware that is not Compostable or Recyclable, or (3) beginning January 1, 2020, in Food Service Ware that is Compostable and not Fluorinated Chemical Free.
(b) City Facility Food Providers may not provide Prepared Food to City Facilities (1) in Food Service Ware made, in whole or in part, from Polystyrene Foam, (2) in Food Service Ware that is not Compostable or Recyclable, or (3) beginning January 1, 2020, in Food Service Ware that is Compostable and not Fluorinated Chemical Free..1
(c) City Departments may not purchase, acquire, or use Food Service Ware for Prepared Food (1) where the Food Service Ware is made, in whole or in part, from Polystyrene Foam, (2) where the Food Service Ware is not Compostable or Recyclable, or (3) beginning January 1, 2020, where the Food Service Ware is Compostable and not Fluorinated Chemical Free.
(d) City contractors and lessees may not use Food Service Ware for Prepared Food in City Facilities and while performing under a City contract or lease (1) where the Food Service Ware is made, in whole or in part, from Polystyrene Foam, (2) where the Food Service Ware is not Compostable or Recyclable, or (3) beginning January 1, 2020, where the Food Service Ware is Compostable and not Fluorinated Chemical Free. All new leases and permits authorizing the sale of food and beverages at the San Francisco International Airport must incorporate terms requiring the lessee or permittee to comply with the terms of this Chapter 16. This requirement shall also apply to any such lease or permit renewed, extended, or materially amended after July 1, 2019..1
(e) 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.
If a product is included on the Director’s list, it will be deemed to comply with this Section 1604. 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.
(f) It shall not be a violation of this Section 1604 to sell, provide, or purchase Prepared Food packaged in Food Service Ware otherwise prohibited by subsections (a) through (c), or to use Food Service Ware otherwise prohibited by subsection (d), if the Prepared Food is packaged outside the City and is sold or otherwise provided to the consumer in the same Food Service Ware in which it originally was packaged. Businesses packaging Prepared Food outside the City are encouraged to use Food Service Ware that is Compostable or Recyclable, is Compostable and Fluorinated Chemical Free, and is not made, in whole or in part, from Polystyrene Foam.
(g) Food Vendors, City Facility Food Providers, and City contractors and lessees acting pursuant to a City contract or lease at a City Facility shall not provide, sell, use, or otherwise Distribute, and City Departments shall not purchase or acquire, any single-use straws, stirrers, splash sticks, cocktail sticks, or toothpicks made with plastic, including compostable, bio- or plant-based plastic, except as expressly provided in this Chapter 16 and/or as required by applicable State or federal laws, regulations, or guidelines.
(h) Food Vendors, City Facility Food Providers, City Departments, and City contractors and lessees acting pursuant to a City contract or lease at a City Facility shall only provide, sell, use, or otherwise Distribute only those Food Service Ware Accessories that comply with this Chapter 16, and only either (1) upon a consumer’s specific request for such items, or (2) in a self-service area or dispenser, except for single-use straws, which shall be made available by request only..2
(i) Beginning January 1, 2020, Food Vendors, City Facility Food Providers, and City contractors and lessees acting pursuant to a City contract or lease at a City Facility shall not provide, sell, use, or otherwise Distribute, and City Departments shall not purchase or acquire, 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.
(Added as Sec. 1603 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 [see note at end of Chapter]; amended by 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)
(Former Sec. 1604 added by Ord. 295-06, File No. 060944, App. 11/29/2006; repealed by Ord. 140-16, File No. 160383, App. 7/29/2016, Eff. 8/28/2016, Oper. 1/1/2017)
CODIFICATION NOTES
1. So in Ord. 201-18.
2. So in Ord. 294-18.