BIL 013 Draft 03 2016-2018 - Laserfiche WebLink

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"Retail food establishment" means any sales outlet, store, shop, vehicle, or other place of business which sells or conveys foods or beverages to ultimate consumers, which foods or beverages are contained, wrapped, or held in or on food packaging. "Retail food establishment" shall include,but not be limited to, any place where food is prepared, mixed, cooked, baked, smoked, preserved, bottled,packaged,handled, stored, manufactured, and sold or offered for sale, including, but not limited to a: restaurant; drive-in; coffee shop; cafeteria; short-order café; delicatessen; luncheonette; grill; sandwich shop; soda fountain; bed and breakfast; inn; tavern; bar; cocktail lounge; nightclub; roadside stand; take-out prepared food place; industrial feeding establishment; catering kitchen; mobile food preparation unit; commissary; grocery store; public food market; produce stand; food stand; or any other place in which food and drink is prepared for sale or for service on the premises or elsewhere; and any other establishment or operation where food is processed, prepared, served, or provided to or for consumers for charge. Section 20-_. Construction and preemption. Any provision of this article shall be null and void upon the adoption of any state or federal law or regulation imposing the same, or essentially the same, limits on the use of prohibited products as set forth in this article. This article is intended to be a proper exercise of the County's police power, to operate only upon its own officers, agents, employees and facilities and other persons acting within its boundaries, and not to regulate inter-county or inter-state commerce. It shall be construed with that intent. Division 2. Prohibitions and Requirements. Section 20-_. Prohibitions. Food vendors are prohibited, as of July 1, 2019, from providing food to a customer in disposable food service ware that is made from polystyrene foam. Section 20- . Required use of recyclable or compostable food service ware. (a) As of July 1, 2019, all food vendors using any disposable food service ware shall use a suitable recyclable or compostable product. (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 that have not been further processed shall be exempt from the provisions of this article until such time that compostable alternatives are developed and available. • 4