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ORDINANCE NO._______________
BOARD OF SUPERVISORS, COUNTY OF SAN MATEO,
STATE OF CALIFORNIA
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AN ORDINANCE ADDING CHAPTER 4.106 TO THE SAN MATEO COUNTY ORDINANCE CODE REGULATING USE OF DISPOSABLE FOOD SERVICE WARE
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The Board of Supervisors of the County of San Mateo, State of California, ORDAINS as follows:
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SECTION 1. Chapter 4.106, comprising of sections 4.106.010 through 4.106.070, is hereby added to Title 4 of the San Mateo County Ordinance Code to read as follows:
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CHAPTER 4.106 REGULATING USE OF DISPOSABLE FOOD SERVICE WARE
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4.106.010 Findings and purpose.
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The Board of Supervisors finds and determines that:
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(a) Polystyrene is a petroleum-based, lightweight plastic material commonly used as food service ware by retail food vendors operating in the County. Polystyrene, often referred to by the trademark Styrofoam, has also become a problematic environmental pollutant given its non-biodegradable, non-recyclable and nearly non-reusable nature.
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(b) Polystyrene-based, single-use food service ware constitutes a portion of the litter found on and in County facilities which increases clean up costs to the County.
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(c) Effective ways to reduce the negative environmental impacts of disposable food service ware include reusing or recycling food service ware and using biodegradable or compostable materials made from renewable resources such as paper, cardboard, corn starch, potato starch, and/or sugarcane.
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(d) This Board does, accordingly, find and declare that it should restrict the County’s use of polystyrene foam and solid disposable food service ware products and should require the replacement of non-biodegradable, non-compostable, non-reusable or non-recyclable food service ware with biodegradable, compostable, reusable, or recyclable food service ware products.
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4.106.020 Definitions.
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For purposes of this chapter, the following terms have the following meanings:
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(a) "Biodegradable" refers to the ability of a material to decompose into elements normally found in nature within a reasonably short period of time after disposal.
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(b) "County facility" refers to a building or structure owned or leased by the County of San Mateo.
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(c) "Disposable food service ware" means single-use disposable products used in the restaurant and food service industry for serving or transporting prepared, ready-to-consume food or beverages. This includes but is not limited to plates, cups, bowls, trays and hinged or lidded containers. This does not include single-use disposable items such as straws, cup lids, or utensils, nor does it include single-use disposable packaging for unprepared foods.
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(d) “Food service provider” means any vendor, business, organization, entity, group or individual, including a licensed retail food establishment, that provides prepared food within or at a County facility or to the County of San Mateo or any of its departments, whether by contract or otherwise.
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(e) "Expanded polystyrene" (EPS) means polystyrene that has been expanded or "blown" using a gaseous blowing agent into a solid foam.
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(f) "Non-recyclable plastic" refers to any plastic which cannot be feasibly recycled by a municipal recycling program in the State of California, including polystyrene and expanded polystyrene. Non-recyclable plastic refers to those plastics with the recycling symbol #6.
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(g) “Prepared food” means food or beverages, which are serviced, packaged, cooked, chopped, sliced, mixed, brewed, frozen, squeezed or otherwise prepared. Prepared food does not include raw, butchered meats, fish and/or poultry sold from a butcher or similar retail establishment.
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(h) "Polystyrene" means and includes expanded polystyrene, and is a thermoplastic petrochemical material 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, form molding, and extrusion-blow molding (extruded foam polystyrene). The term "polystyrene" also includes clear or solid polystyrene which is known as "oriented polystyrene". Polystyrene does not mean or include polystyrene coolers and ice chests that are intended for reuse.
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(i) "Recyclable plastic" means any plastic which can be feasibly recycled by a municipal recycling program in the State of California. Recyclable plastics comprise those plastics with the recycling symbols #1 through #5 including polyethylene terephthalate (PET or PETE), high density polyethylene (HDPE), low density polyethylene (LDPE), and polypropylene (PP).
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4.106.030 Prohibited Use of non-recyclable plastic disposable food service ware.
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(a) No County department will purchase or otherwise acquire non-recyclable plastic disposable food service ware for use in, on, or at a County facility.
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(b) No food service provider shall use non-recyclable plastic disposable food service ware when providing prepared food at a County facility or County event wherever located.
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4.106.040 Required Use of biodegradable, compostable, reusable or recyclable plastic food service ware.
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(a) All County departments shall use biodegradable, compostable, reusable or recyclable plastic food service ware.
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(b) All food service providers shall use biodegradable, compostable, reusable or recyclable plastic food service ware at or in a County facility or County event wherever located.
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4.106.050 Requirements for food service provider contracts.
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(a) Each food service provider contract with the County shall include a provision wherein the contractor shall certify to the County that it will adhere to all applicable provisions of this chapter throughout the entire term of the contract.
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(b) The County may reject a food service provider contractor’s bid or proposal if the contractor fails to demonstrate an ability or willingness to comply with the applicable provisions of this chapter throughout the entire term of the contract.
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4.106.060 Waiver of requirements.
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(a) Request for waiver. A request for a waiver of the application of the requirements of this chapter shall include all information necessary to render a decision, including but not limited to documentation showing the factual support for the requested waiver. A waiver may be approved, in whole or in part, with or without conditions. For all contracts subject to Board of Supervisors approval, the Board of Supervisors shall make the determination on the request for waiver. All other waiver requests shall be determined by the County Manager or his or her designee.
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(b) Grounds for waiver. The requirements of this chapter maybe waived for a contractor or a County department when it is determined that such waiver is in the best interests of the County. Reasons may include but not be limited to the following:
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1. A waiver is necessary to respond to an emergency.
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2. No compliant contractors are capable of providing the goods or services that respond to the County’s requirements.
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3. It is determined that, under the specific circumstances, a suitable biodegradable, compostable, reusable or recyclable alternative does not exist and/or that that imposing the requirements of this chapter would cause significant economic hardship.
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4.106.070 Application of chapter.
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This chapter shall be applicable to all contracts and purchase orders entered into or amended on or after July 1, 2008.
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SECTION 3. This Ordinance shall be effective July 1, 2008.
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