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Section 20-05-02. Use of recyclable or compostable food service ware required. <br />(a) All food vendors using any disposable food service ware shall use a suitable recyclable or <br />compostable product. <br />(b) All County facility users shall use a suitable recyclable or compostable product for <br />disposable food service ware. <br />Section 20-05-03. Exemptions. <br />(a) The following are exempt from the provisions of this article: <br />(1) Foods packaged outside the limits of the County of Hawai `i; <br />(2) Coolers and ice chests that are intended for reuse; and <br />(3) Food packaging for raw: meat; poultry; seafood; and eggs that have not been further <br />processed. <br />(b) County facility users and food vendors. <br />(1) The director may exempt a food vendor or County facility user from the provisions of <br />this article, in a situation where compliance with the terms of this article would result <br />in undue hardship. The exemption shall be in place for a period of time not to exceed <br />one hundred eighty days. <br />(2) Undue hardship includes, but is not limited to, situations unique to the food vendor or <br />County facility user that generally do not apply to other persons in similar <br />circumstances. <br />(3) Food vendors and County facility users seeking an exemption from the requirements <br />of this article shall provide all required information on an application for exemption, <br />including but not limited to, documentation supporting the applicant's claim that <br />compliance with this article will result in undue hardship. <br />(4) The director may approve or deny an exemption request in whole or in part. <br />Applicants may appeal the director's decision to the commission. <br />(5) All exemptions shall be promptly posted on the County website for the department of <br />environmental management as a notice of temporary exemption. <br />(c) Emergency supplies or services procurement. <br />The mayor may exempt County facility users and food vendors from the provisions of this <br />article, in a situation deemed by the mayor to be an emergency that necessitates such <br />exemption in order to preserve the public peace, health, and safety. The exemption shall be <br />in place until the mayor determines that the emergency situation has ceased and the <br />exemption is no longer needed to preserve the public peace, health, and safety. <br />Article 6. Plastic Bag Reduction. <br />Section 20-06-01. Purpose. <br />The purpose of this article is to reduce the use of plastic bags and to encourage the use of <br />environmentally preferable alternatives, such as reusable cloth or paper bags. <br />Section 20-06-02. Plastic checkout bags prohibited. <br />Businesses shall not provide plastic checkout bags to their customers. <br />12 <br />