COM 0107.016 2016-2018 - Laserfiche WebLink

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Summary of Testimony on Bill 13 March 7, 2017 Page 5 of 7 recyclable food packaging without the commensurate value of use. July 1, 2018 does not provide sufficient time for users to change product. 4) Section 20-_. Exemptions a) A potential conflict can result from Section 20-_Exemptions which exempts foods packaged outside of the County of Hawai'i from this article and Section 20- _Prohibitions which states "Food vendors are prohibited...from providing prepared food to a customer in disposable food service ware that is made from polystyrene foam".The intent that the Exemption article supersedes the Prohibition part requires clarification. - b) Part(c) (4) The director may approve an exemption request in whole or in part. The director's decision shall be forwarded in writing to the environmental management commission, which shall concur or disagree with the director's decision. i) Comment: (1) This part of the Bill will authorize the Director to issue a 180 day"exemption" from utilizing recyclable or compostable food packing products to vendors who request one. Enactment of this section will require Administrative Rules to be prepared and will increase the requirements for personnel in the department without supplying any additional positions or budget. This would also impact the environmental management commission. (2). The 180 day exemption may be too short a time to find, purchase and begin utilizing a compostable or recyclable replacement to polystyrene foam. 5) Section 20-_.Violations a) (a) If the director determines that a violation of this article has occurred, the director shall issue a written notice to the food vendor that a violation has occurred.... i) Comment: (1) How is the director to determine a violation? If every Polystyrene foam packaging is uniquely stamped as such,then that ought to satisfy a legal court determination of guilt. If,for some reason,food packaging is not stamped, proof of what the material actually is, would be required. A chemical analysis would have to be required, since one cannot prove that a material consists of polystyrene foam visually. Given that any violation can be challenged in civil court (Section 20-_Other Relief), a legally supportable proof of violation standard would be required. (2) Additional personnel would be required to police every vending truck, every farmers market,fair or location where food is being served to determine whether polystyrene foam is in use. Licenses for food vendors resides with the State Department of Health and DEM would be required to identify all licensed and unlicensed food vendors in the county. The personnel requirements will be significant, at least until the ordnance is mature and stocks of polystyrene foam food packages have been depleted or destroyed. This activity would require additional staff and budget to enforce. b) (a)...Subsequent violations of this article by a food vendor shall be subject to the enforcement and penalties set forth below. County of Hawaii is an Equal Opportunity Provider and Employer.