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Section 20-_. Exemptions. <br />(a) Foods packaged outside the limits of the County off lawai'i are exempted <br />from the provisions of this article. <br />(b) Coolers and ice chests that are intended for reuse are exempted from the <br />provisions of this article. <br />(e) County facility users and food vendors. <br />(1) In situations where compliance with the terms of this article would result <br />in undue hardship, the director with the concurrence of a majority vote <br />of the environmental management commission may exempt a food <br />vendor or County facility user from the requirements set forth in the <br />article for a period of time not to exceed ninety days. <br />(2) Undue hardship includes, but is not limited to, situations unique to the <br />food vendor or County facility user not generally applicable to other <br />persons in similar circumstances. <br />(3) Food vendors and County facility users seeking an exemption from the <br />requirements of this article shall provide all required information on an <br />application for exemption, including but not limited to, documentation <br />supporting the applicant's claim that compliance with this article will <br />result in undue hardship. <br />(4) The director may approve an exemption request in whole or in part. the <br />director's decision shall be forwarded in writing to the environmental <br />management commission, which shall concur or disagree with the <br />director's decision. <br />(5) All exemptions shall be promptly posted on the County website for the <br />department of environmental management as a notice of temporary <br />exemption. <br />(d) Emergency supplies or services procurement. County facility users and food <br />vendors shall be exempt front the provisions of this article in a situation <br />deemed by the mayor to be an emergency for the immediate preservation of <br />the public peace, health, and safety. <br />Division 3. Enforcement. <br />Section 20- . Violations. <br />(a) If the director determines that a violation of this article has occurred, the <br />director shall issue a written notice to the food vendor that a violation has <br />occurred. Subsequent violations of this article by a food vendor shall be <br />subject to the enforcement and penalties set forth below. <br />(b) Each and every sale or transfer of disposable food service ware made from <br />polystyrene foam shall constitute a separate violation of this article. <br />