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"Recyclables"means material that has reached the end of its current use and is processed <br /> into material utilized in the production of new products. For the purpose of this article, <br /> recyclable materials will include only those types of plastic being accepted in the Hawai`i <br /> County Recycling program. <br /> "Retail food establishment"means any sales outlet, store, shop, vehicle, or other place of <br /> business which sells or conveys foods or beverages to consumers, which foods or beverages are <br /> or held in or on foodpackaging. "Retail food establishment" shall <br /> contained, wrapped, include, <br /> pp � <br /> but not be limited to, any place where food is prepared,mixed, cooked, baked, smoked, <br /> preserved, bottled,packaged,handled, stored, manufactured, and sold or offered for sale, <br /> including, but not limited to a: restaurant; drive-in; coffee shop; cafeteria; short-order café; <br /> delicatessen; luncheonette; grill; sandwich shop; soda fountain; bed and breakfast; inn; tavern; <br /> bar; cocktail lounge; nightclub; roadside stand; take-out prepared food place; industrial feeding <br /> establishment; catering kitchen; mobile food preparation unit; commissary; grocery store; public <br /> food market; produce stand; food stand; or any other place in which food and drink is prepared <br /> for sale or for service on the premises or elsewhere; and any other establishment or operation <br /> where food is 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 state or federal <br /> law or regulation imposing the same, or essentially the same, limits on the use of prohibited <br /> products as set forth in this article. This article is intended to be a proper exercise of the <br /> County's police power,to operate only upon its own officers, agents, employees and facilities <br /> and other persons acting within its boundaries, and not to regulate inter-county or inter-state <br /> commerce. It shall be 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 customer in <br /> disposable food service ware that is made from polystyrene foam. <br /> Section 20-_. Required use of recyclable or compostable food service ware. <br /> (a) As of July 1, 2019, all food vendors using any disposable food service ware shall use a <br /> suitable recyclable or compostable product. <br /> (b) As of July 1, 2019, all county facility users shall use a suitable recyclable or compostable <br /> product for disposable food service ware. <br /> "Section 20- _. Exemptions. <br /> (a) The following are exempt from the provisions of this article: <br /> (1) Foods packaged outside the limits of the County of Hawai'i; <br /> (2) Coolers and ice chests that are intended for reuse; and <br /> (3) Packaging for raw meat, fish, and eggs that have not been further processed. <br /> (b) County facility users and food vendors. <br /> 4 <br />