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"Food provider" includes, but is not limited to, cafeterias, caterers, delicatessens,
<br /> grocery stores, itinerant restaurants, pushcarts, restaurants, retail food establishments,
<br /> sales outlets, shops, stores, and vehicular food vendors. "Food provider" also includes
<br /> cafeterias in private schools and places of employment whether or not such
<br /> establishments are open to the general public.
<br /> "Food service ware" includes plates, bowls, cups, lids, straws, stirrers, forks,
<br /> spoons, knives, napkins, trays, and other items primarily designed for use in consuming
<br /> food.
<br /> "Polystyrene foam" means a container made of blown polystyrene, and expanded
<br /> and extruded foams (sometimes called Styrofoam) which are thermoplastic petrochemical
<br /> materials utilizing a styrene monomer and processed by any number of techniques
<br /> including, but not limited to, fusion of monomer spheres (expanded bead polystyrene),
<br /> injection molding, foam molding, and extrusion-blown molding (extruded foam
<br /> polystyrene), which is used, or is intended to be used, to hold prepared food.
<br /> "Prepared food" means any food that is: served, packaged, cooked, chopped, sliced,
<br /> mixed, brewed, frozen, squeezed, or otherwise prepared for consumption, including, but
<br /> not limited to, beverages, ready to eat, and takeout food.
<br /> "Vendor" means any store or business that sells or offers goods or merchandise,
<br /> located or operating within the County.
<br /> Section 20-_. Administration.
<br /> The director of the department of environmental management shall administer this
<br /> article. This shall include providing education, enforcement, and adopting administrative
<br /> rules that among other things, establish penalties pursuant to chapter 91, Hawai`i Revised
<br /> Statutes. Administrative rules shall be adopted within one hundred eighty days from the
<br /> effective date of this ordinance.
<br /> Section 20-_. Prohibitions.
<br /> (a) A food provider shall not dispense prepared food to a customer in a polystyrene
<br /> foam food container on or after January 1, 2018.
<br /> (b) Polystyrene foam food containers and polystyrene foam food service ware shall not
<br /> be sold or provided by any vendor in the County on or after January 1, 2018."
<br /> SECTION 3. Severability. If any provision of this ordinance or the application thereof
<br /> to any person or circumstance, is held invalid, such invalidity shall not affect other provisions or
<br /> applications of the ordinance which can be given effect without the invalid provision or
<br /> application, and to this end, the provisions of this ordinance are declared to be severable.
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