Chapter 9.24 BAN ON EXPANDED POLYSTYRENE FOOD PACKAGING

For purposes of this chapter, the following terms shall have the following meanings:

“Customer” means any person obtaining food or beverages from a restaurant or retail food vendor.

“Expanded polystyrene” means and includes blown polystyrene and expanded and extruded foams (sometimes incorrectly called Styrofoam^®, a Dow Chemical Company trademarked form of polystyrene foam insulation) 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-blow molding (extruded foam polystyrene). Expanded polystyrene is generally used to make cups, bowls, plates, trays, clamshell containers, meat trays and egg cartons. For the purposes of this chapter, the term “polystyrene” shall not include clear polystyrene known as “oriented polystyrene.”

“Food packager” means any person, located within the city of Malibu, who places meat, eggs, baked products, or other food in packaging materials for the purpose of retail sale of those products.

“Food packaging” means all bags, sacks, wrapping, containers, bowls, plates, trays, cartons, cups, straws and lids which are made from expanded polystyrene, on or in which any foods or beverages are placed or packaged on a restaurant’s or retail food vendor’s premises.

“Food vendor” means any restaurant or retail food vendor.

“Nonprofit food provider” means a recognized tax exempt organization which provides food as a part of its services.

“Person” means any natural person, firm, corporation, partnership, or other organization or group however organized.

“Prepared food” means food or beverages which are served on the food vendor’s premises and are prepared on the food vendor’s premises or within the city of Malibu by packaging, cooking, chopping, slicing, mixing, brewing, freezing or squeezing. Prepared food does not include any uncooked meat or eggs. Prepared food may be eaten either on or off the premises.

“Restaurant” means any establishment located within the city of Malibu, selling prepared food to be eaten by customers. Restaurant includes a sidewalk food vendor.

“Retail food vendor,” “vendor” means any store, shop, sales outlet or other establishment, including a grocery store or a delicatessen, located within the city of Malibu, which provides prepared food. (Ord. 286 § 1 (part), 2005)

A. No restaurant, food packager, retail food vendor, vendor or nonprofit food provider shall provide prepared food to its customers in any food packaging that utilizes expanded polystyrene.

B. The city of Malibu shall prohibit the use of expanded polystyrene food packaging at all city facilities. The city of Malibu shall not purchase or acquire expanded polystyrene food packaging.

C. The use or distribution of expanded polystyrene food packaging at special events sponsored or co-sponsored by the city of Malibu shall be prohibited. This prohibition shall apply to the event organizers, agents of the event organizers, event food vendors and any other party (including nonprofit organizations) who enter into an agreement with one or more of the co-sponsors of the event to sell prepared food at the event or otherwise provide an event-related service.

D. All facility rental agreements for any city-owned property or facility shall include a provision requiring contracting parties to assume responsibility for preventing the utilization and/or distribution of expanded polystyrene food packaging at the associated function. The facility rental agreement shall indicate that the violating contractor’s security deposit will be forfeited if the parks and recreation director, or his or her designee, determines that expanded polystyrene food packaging was utilized in violation of the rental agreement. (Ord. 286 § 1 (part), 2005)

A. Food items packaged outside the boundaries of the city of Malibu are exempt from the provisions of this chapter.

B. The city council, or its appointee, may exempt a food vendor, food packager or nonprofit food provider from the requirements of this code for a one year period, upon showing by the applicant that the conditions of this code would cause undue hardship. The phrase undue hardship, shall be construed to include, but not be limited to:

1. Situations where there are no acceptable alternatives to expanded polystyrene food packaging for reasons which are unique to the vendor, packager or nonprofit provider;

2. Situations where compliance with the requirements of this code would deprive a person of a legally protected right.

C. Coolers and ice chests made of expanded polystyrene are exempt from the provisions of this chapter.

D. Food packaging required to be purchased under a contract entered into one year prior to the effective date of this chapter is exempt from the provisions of this chapter. This exemption will apply up to one year from the effective date of this chapter. (Ord. 286 § 1 (part), 2005)

A. The city manager or his or her designee shall have primary responsibility for enforcement of this chapter. The city manager or his or her designee is authorized to promulgate regulations and to take any and all other actions reasonable and necessary to enforce this chapter, including, but not limited to, inspecting any vendor’s premises to verify compliance.

B. In addition to any criminal, civil or other legal remedy established by law that may be pursued to address violations of the municipal code, violations of the provisions of this chapter are subject to the administrative penalty provisions of Chapter 1.10.

C. The city attorney may seek legal, injunctive, or other equitable relief to enforce this chapter.

D. The remedies and penalties provided in this section are cumulative and not exclusive of one another. (Ord. 286 § 1 (part), 2005)