COM 0107.016 2016-2018 - Laserfiche WebLink

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Summary of Testimony on Bill 13 March 7, 2017 Page 6 of 7 c) (b) Each and every sale or transfer of disposable food service ware made from polystyrene foam shall constitute a separate violation of this article. i) Comment: (1) When can a "subsequent violation" occur? Immediately after receipt of a notice? Or must/can a vendor appeal the notice before a subsequent violation can occur? For example, DEM cites a vendor at a location, issues a warning. The vendor then sells another plate lunch (example). This then becomes the first"violation" ((c) above) and is subject to the fine. The vendor is then issued a Notice of Violation, and meanwhile, he/she sells the third plate. This keeps going since every sale is a separate violation. d) (c)Any violation of this article that occurs after the issuance of a written warning to a food vendor is subject to civil and administrative enforcement, punishable by a civil fine established in this article. Any citation issued for a violation of this article shall give notice of the right to request an administrative hearing to challenge the validity of the citation and the time for requesting that hearing as provided in section 2-204 of this Code. i) Comment (1) DEM has not been established with internal Administrative processes. The requirement to hold an administrative hearing would require additional personnel trained in Hearing/Administrative protocols and procedures. Training, personnel and budget is required for the appropriate handling of this section's requirements and as described in the "Fines" section of the Bill. 6) Section 20-_. Fines a) (a)A fine may be imposed upon findings made by the director that any food vendor has used polystyrene-based disposable food service ware in violation of this article. i) Comment (1) Identifying packaging made of polystyrene foam is done by examining the required markings on the packaging. If a packaging material is NOT stamped, costs and handling of evidence for laboratory analyses need to be determined. Since any fine can be taken to civil court for appeal, DEM would be required to have a separate, controlled evidence room to hold the products claimed to be polystyrene foam. If a container has no marking for some reason,the obligation to determine the composition belong to DEM. A chemical analysis will be required in the case where the container is not clearly marked as being polystyrene foam, since one cannot otherwise prove that a material consists of polystyrene foam visually. (2) Costs and handling of evidence for laboratory analyses need to be determined. Establishing a chain of custody and obtaining appropriate analyses from certified laboratories will require additional administrative rules, storage and custody records a facilities would also be required, requiring additional personnel and additional budget. (3) While the Prohibitions section bans polystyrene foam, the following section, Required use of recyclable or compostable food service ware simply requires the use of"...a suitable recyclable or compostable product....". However,the County of Hawaii is an Equal Opportunity Provider and Employer.