HomeMy WebLinkAboutBIL 140 Draft 01 2014-2016 ....................
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COUNTY OF HAWAII STATE OF HAWAII
►,T f OF
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BILL NO. 140
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 20, OF THE HAWAII COUNTY CODE 1983
(2005 EDITION, AS AMENDED), BY ADDING A NEW ARTICLE RELATING TO
REDUCTION OF POLYSTYRENE FOAM "STYROFOAM" FOOD CONTAINERS
AND FOOD SERVICE WARE.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose.
Polystyrene foam commonly known as "Styrofoam" is neither degradable nor
compostable. It is made from non-renewable fossil fuels and synthetic chemicals that can leach
out over time into the environment, especially after contact with hot, greasy or acidic foods.
When discarded, polystyrene foam often breaks into tiny pieces, is mistaken for food and
ingested by land and marine animals, birds, and fish. This is detrimental not only to wildlife but
to other life forms in the food chain.
In view of the detrimental impact of this substance in Hawai`i County, it is the purpose of
this article to reduce the use of polystyrene foam food containers and food service ware and
thereby encourage the use of environmentally preferable alternatives. This will improve
environmental quality on the island and reduce solid waste, in accord with goals expressed in
both the County's General Plan and its 2010 Zero Waste Plan.
SECTION 2. Chapter 20, Hawai`i County Code 1983 (2005 Edition, as amended), is
amended by adding a new article to be appropriately designated and to read as follows:
"Article_. Polystyrene Foam Food Container and
Food Service Ware Reduction.
Section 20-_. Definitions.
As used in this article, unless otherwise specified:
"Customer" means a person obtaining prepared food from a food provider.
"Food container" means a container that is used, or is intended to be used, to hold
prepared food. "Food container" includes, but is not limited to, a cup, bowl, plate, tray,
carton, or clamshell container that is intended for single use.
"Food provider" means any vendor, business, organization, entity, group, or
individual operating in the County that offers food or beverages to the public for
consumption on or off premises, regardless of whether there is a charge for the food.
"Food provider" includes, but is not limited to, cafeterias, caterers, delicatessens,
grocery stores, itinerant restaurants, pushcarts, restaurants, retail food establishments,
sales outlets, shops, stores, and vehicular food vendors. "Food provider" also includes
cafeterias in private schools and places of employment whether or not such
establishments are open to the general public.
"Food service ware" includes plates, bowls, cups, lids, straws, stirrers, forks,
spoons, knives, napkins, trays, and other items primarily designed for use in consuming
food.
"Polystyrene foam" means a container made of blown polystyrene, and expanded
and extruded foams (sometimes called Styrofoam) which are thermoplastic petrochemical
materials utilizing a styrene monomer and processed by any number of techniques
including, but not limited to, fusion of monomer spheres (expanded bead polystyrene),
injection molding, foam molding, and extrusion-blown molding (extruded foam
polystyrene), which is used, or is intended to be used, to hold prepared food.
"Prepared food" means any food that is: served, packaged, cooked, chopped, sliced,
mixed, brewed, frozen, squeezed, or otherwise prepared for consumption, including, but
not limited to, beverages, ready to eat, and takeout food.
"Vendor" means any store or business that sells or offers goods or merchandise,
located or operating within the County.
Section 20-_. Administration.
The director of the department of environmental management shall administer this
article. This shall include providing education, enforcement, and adopting administrative
rules that among other things, establish penalties pursuant to chapter 91, Hawai`i Revised
Statutes. Administrative rules shall be adopted within one hundred eighty days from the
effective date of this ordinance.
Section 20-_. Prohibitions.
(a) A food provider shall not dispense prepared food to a customer in a polystyrene
foam food container on or after January 1, 2018.
(b) Polystyrene foam food containers and polystyrene foam food service ware shall not
be sold or provided by any vendor in the County on or after January 1, 2018."
SECTION 3. Severability. If any provision of this ordinance or the application thereof
to any person or circumstance, is held invalid, such invalidity shall not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application, and to this end, the provisions of this ordinance are declared to be severable.
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SECTION 4. This ordinance shall take effect upon approval.
INTRODUCED BY:
CO CIL MEkS4BER, CO TY OF HAWAII
, Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 664
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