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a Dow Chemical Company trademarked form of polystyrene foam insulation. In
<br /> food service,polystyrene foam is generally used to make cups,bowls,plates,trays,
<br /> clamshell containers,meat trays and egg cartons intended for a single use.
<br /> "Polystyrene foam"does not include solid hard polystyrene. - Commented[KW7]:oKeyra Wong(CC):
<br /> °Perhaps clarification is needed for what"solid hard
<br /> 'Prepared food"means food or beverages, which are served,packaged, polystyrene"means as solid hard polystyrene is
<br /> cooked, chopped, sliced,mixed,brewed, frozen,squeezed, or otherwise prepared excluded from the definition.
<br /> for consumption by a retail consumer on the premises of a retail food establishment,
<br /> includin
<br /> not
<br /> to,beverages, ready to eat,and takeout food.
<br /> food"does not include rraaw,butchered meats, fish and/or poultry unless providedd commented(KW8]:This exemption is not useful.Section
<br /> for consumption without further food preparation. For example, sashimi and poke Required use of recyclable or compostable food service
<br /> shall be considered to be prepared food. ware
<br /> As of July 1,2019,all food vendors using any disposable
<br /> 'Recyclables" means material that has reached the end of its current use and is food service ware shall use a suitable recyclable or
<br /> processed into material utilized in the production of new products. For the purpose of this compostable product
<br /> article,recyclable materials will include only those types of plastic being accepted in the Hard Polystyrehe products are not recyclable or
<br /> compostable,therefore exempting hard polystyrene in this
<br /> Hawai'i County Recycling program. definition seems irrelevant.
<br /> 'Retail food establishment"means any sales outlet, store, shop,vehicle;or _-- Commented[1(1N9]:oKeyra Wong(CC):
<br /> other place of business which sells or conveys foods or beverages to ultimate oThe first sentence reads,"Retail food establishment
<br /> consumers,which foods or beverages are contained, wrapped, or held in or on food means any sales outlet,store,shop,vehicle,or other
<br /> place of business which sells or conveys foods or
<br /> packaging. 'Retail food establishment" shall include,but not be limited to, any beverages to ultimate consumers...." Clarification may
<br /> place where food is prepared, mixed, cooked,baked, smoked,preserved, bottled, be needed to explain what an ultimate consumer is.
<br /> packaged,handled, stored,manufactured, and sold or offered for sale,including,
<br /> but not limited to a:restaurant; drive-in; coffee shop;cafeteria; short-order cafe;
<br /> delicatessen; luncheonette; grill;sandwich shop;soda fountain;bed and breakfast;
<br /> inn;tavern;bar; cocktail lounge;nightclub; roadside stand;take-out prepared food
<br /> place; industrial feeding establishment; catering kitchen; mobile food preparation
<br /> unit; commissary; grocery store;public food market;produce stand;food stand;or I Commented[KW10]:This also fits the
<br /> any other place in which food and drink is prepared for sale or for service on the i function/definition of a school cafeteria.
<br /> premises or elsewhere;and any other establishment or operation where food is
<br /> processed,prepared, served,or provided to or for consumers for charge.
<br /> Section 20-_. Construction and preemption.
<br /> Any provision of this article shall be null and void upon the adoption of any
<br /> state or federal law or regulation imposing the same,or essentially the same,limits
<br /> on the use of prohibited products as set forth in this article. This article is intended
<br /> to be a proper exercise of the County's police power,to operate only upon its own
<br /> officers,agents,employees and facilities and other persons acting within its
<br /> boundaries,and not to regulate inter-county or inter-state commerce. It shall be
<br /> construed with that intent.
<br /> Division 2. Prohibitions and Requirements.
<br /> Section 20-_.Prohibitions.
<br /> Food vendors are prohibited, as of July 1,2019,from providing food to a
<br /> customer in disposable food service ware that is made from polystyrene foam.
<br /> Section 20-_. Required use of recyclable or compostable food service ware. Commented[KW11]:Definition of Polystyrene foam:
<br /> (a) As of July 1,2019, all food vendors using any disposable food service ware "Polystyrene foam"does not include solid hard
<br /> polystyrene.
<br /> shall use a suitable recyclable or compostable product. Not forbidden by first sub section,is forbidden(not
<br /> recyclable or compostable)by(a).
<br /> Clarification is necessary.
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