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(b) As of July 1, 2018, all county facility users shall use a suitable recyclable or <br /> compostable product for disposable food service ware. <br /> Section 20-_. Exemptions. <br /> (a) Foods packaged outside the limits of the County of Hawai'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 /> (c) 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 may exempt a food vendor or County <br /> facility user from the requirements set forth in the article for a period of <br /> time not to exceed one hundred eighty 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 from 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 /> 5 <br />