COM 0107.156 2016-2018 - Laserfiche WebLink

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(b) As of July 1, 2019, all county facility users shall use a suitable recyclable or compostable product for disposable food service ware. Section 20-_. Exemptions. • (a) Foods packaged outside the limits of the County of Hawai'i are exempted from the provisions of this article. (b) Coolers and ice chests that are intended for reuse are exempted from the provisions of this article. (c) Packaging for raw meat, fish and eggs shall be exempt from this article until such time that compostable alternatives are developed and available. (d) County facility users and food vendors. (1) In situations where compliance with the terms of this article would result in undue hardship, the director may exempt a food vendor or County facility user from the requirements set forth in the article for a period of time not to exceed one hundred eighty days. (2) Undue hardship includes, but is not limited to, situations unique to the food vendor or County facility user not generally applicable to other persons in similar circumstances. (3) Food vendors and County facility users seeking an exemption from the requirements of this article shall provide all required information on an application for exemption, including but not limited to, documentation supporting the applicant's claim that compliance with this article will result in undue hardship. (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. (5) All exemptions shall be promptly posted on the County website for the department of environmental management as a notice of temporary exemption. (e) Emergency supplies or services procurement. County facility users and food vendors shall be exempt from the provisions of this article in a situation deemed by the mayor to be an emergency for the immediate preservation of the public peace, health, and safety. Division 3. Enforcement. Section 20-_. Violations. (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. Subsequent violations of this article by a food vendor shall be subject to the enforcement and penalties set forth below. (b) Each and every sale or transfer of disposable food service ware made from polystyrene foam shall constitute a separate violation of this article. 8