COM 0107.163 2016-2018 - Laserfiche WebLink

Home

Commented[KW12]:Note: This includes campers and regular visitors to County parks. (b) As of July 1,2019,all county facility users shall use a suitable recyclable or Containers cannot be polystyrene foam. compostable product for disposable food service ware. Commented[KW13]:Keyra Wong(CC): Under subsection(b),it is important to note that as this bill is Section 20-_. Exemptions. currently written,only food vendors and not county facility (a) Foods packaged outside the limits of the County of Hawai'i are exempted users can be fined for a violation of this proposed ordinance pursuant to the Division 3 enforcement section of this bill. from the provisions of this article. Commented[KW14]:•Keyra Wong(CC): (b) Coolers and ice chests that are intended for reuse are exempted from the •Under subsection(a),perhaps a sentence could be added that the"County of Hawai`i encourages purveyors of provisions of this article. prepared or packaged food outside the county limits to follow the provisions of this proposed ordinance." (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 Commented[KW15] • compostable alternatives are developed and available. Keyra Wong(CC): •The part of the sentence stating"not been further (d) County facility users and food vendors. processed"is vague. If the intent under this section is to (1) In situations where compliance with the terms of this article would result not include foods such as sashimi and poke(because in undue hardship, the director may exempt a food vendor or County sashimi and poke are considered prepared food for which the ban applies to),then perhaps saying"Packaging for facility user from the requirements set forth in this article for a period of raw meat,fish,and eggs without further preparation for time not to exceed one hundred eighty days., sale shall be exempt from the provisions of this article...." (2) Undue hardship includes, but is not limited to, situations unique to the may be more appropriate so that it is clear this exemption does not include prepared food. food vendor or County facility user not generally applicable to other persons in similar circumstances. Commented[KW16]••Keyra Wong(CC): (3) Food vendors and County facility users seeking an exemption from the •under subsection(c),the part of the sentence saying requirements of this article shall provide all required information on an "until such time that compostable alternatives are application for exemption; including but not limited to,documentation developed and available"could be eliminated without affecting the rest of the sentence. By leaving that i...[1] supporting the applicant's claim that compliance with this article will result in undue hardship. (Commented[KW17]:Keyra Wong(CC): Under subsection(dx 1),clarification may be needed on (4) The'director may approve an exemption request in whole or in part. The ,whether a county facility user or a food vendor needs to director's decision shall be forwarded in writing to the environmental apply for a hardship exemption first,or if a county facility management commission, which shall concur or disagree with the user or food vendor may apply for a hardship even afie 2[ ] director's decision. Commented(KW18):Note:Exemptions are limited to (5) All exemptions shall be promptly posted on the County website for the 180 days.There is no prohibition however to multiple department of environmental management as a notice of temporary requests. exemption. Commented[KW19]:Note:DEM will be required to formulate this application.Input from EMC would be (e)Emergency supplies or services procurement. County facility users and food helpful. vendors shall be exempt from the provisions of this article in a situation deemed by the mayor to be an emergency for the immediatepreservation of thepublic peace,health, Commented[KW2O]:•Under subsection(d)(4),it is y g y unclear if the director's decision for exemption shall be and safety automatically forwarded in writing to the Environmental Management Commission,or if the food vendor or county Division 3. Enforcement. facility user must formally appeal the director's deci Section 20- .Violations. Commented[KW21]:Note:EMC will require rules and procedures for the review and process/standards for (a) If the director determines that a violation of this article has occurred, the approval/disapproval need to be formulated. director shall issue a written notice to the food vendor that a violation has Please note that this section is silent on what"disagre [4] occurred. Subsequent violations of this article by a food vendor shall be (Commented[KW22]:Keyra Wong(CC): subject to the enforcement and penalties set forth below. I Under subsection(e),perhaps a sentence can be added to state that"the exemption shall be in place only until the (b) Each and every sale or transfer of disposable food service ware made from emergency has ceased or the mayor has determined the exemption is no longer applicable to the situation polystyrene foam shall constitute a separate violation of this article. Commented[KW23]:•Keyra Wong(CC): •It is important to note that the Violations and Fines sections are only imposed upon food vendors. *Under subsection(b),it states that each and every sale or transfer constitutes a separate violation of the (._.[51