HomeMy WebLinkAboutBIL 074 Draft 01 2018-2020COUNTY OF HAWAII
JMSYf0i M,�1
'1Tg GF.M'.�1
ORDINANCE NO.
STATE OF HAWAII
BILL NO. 74
AN ORDINANCE AMENDING CHAPTER 20, ARTICLE 6, OF THE HAWAII
COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO
POLYSTYRENE FOAM FOOD CONTAINER AND FOOD SERVICE WARE
REDUCTION.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Chapter 20, article 6, division 1, section 20-60, of the Hawaii County
Code 1983 (2016 Edition, as amended), is amended to read as follows:
"Section 20-60. Findings and purpose.
Solid waste that is nondegradable or nonrecyclable poses unique problems for an
island in the middle of the Pacific Ocean. Disposal of such waste either takes up valuable
air space in existing landfills or ends up as litter, sometimes in our marine environment.
Polystyrene foam, sometimes incorrectly referred to 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, including birds and
fish. This is detrimental not only to wildlife but to other life forms in the food chain.
In view of the detrimental impacts of this substance in Hawaii County, it is the
purpose of this article to: reduce the use of polystyrene foam food containers and food
service ware by supermarkets and other vendors; eliminate the use of polystyrene foam
for packaging prepared and unprepared food; and thereby promote the use of
environmentally preferable alternatives.
Although foods packaged outside of the limits of Hawaii County are excluded
from the provisions of this article, the purveyors of foods prepackaged outside of the
limits of Hawaii County are encouraged to follow these provisions and thereby support
the County's policy goal to eliminate the use of polystyrene foam disposable food service
ware.
Implementation of this ban will begin to maximize diversion of compostables,
including compostable foodware, from the waste stream to be available as compost to
farmers, landscapers, and residents once the County's full-scale compost program is in
place. [ '
]
Through these measures, it is the [ s] Coup 's intent to improve
environmental quality on the island and in the neighboring marine environment.
Reduction of the amount of nondegradable and nonrecyclable waste that enters the waste
stream is consistent with and furthers the goals and policies expressed in this County's
general plan, integrated resource and solid waste management plan, and its adopted zero
waste policy as well as promotes the health, safety, and welfare of the County and its
residents."
SECTION 2. Chapter 20, article 6, division 1, section 20-62, of the Hawaii County
Code 1983 (2016 Edition, as amended), is amended by amending the definitions for "ASTM
standard," "Compostable," "Disposable food service ware," "Prepared food," and "Recyclables"
to read as follows:
""ASTM standard" means the standards of the American Society for Testing and
Materials International Standards D6400 or D6868 for biodegradable and compostable
paper and plastics."
""Compostable" means all materials in the product or package will break
down, or otherwise become part of usable compost (e.g., soil -conditioning material,
mulch) in an appropriate composting program or facility. Compostable disposable food
service ware includes ASTM -standard paper and bio -plastics (plastic -like) products that
are clearly labeled so that any compost collector and processor can easily distinguish the
ASTM -standard compostable [pestis] material from non -ASTM standard compostable
[ ] material."
""Disposable food service ware" means disposable food containers that are
commonly disposed of after a single use, that are used, or are intended to be used, to
serve or transport prepared, ready -to -consume food or beverages. This includes, but is not
limited to[:], cups, bowls, plates, or clamshell containers that are provided by a food
vendor for takeout foods and beverages and/or leftovers from partially consumed meals.
L prepa-r-ed by a food ;
and
(2) Containers that are itAeid single use, s eh-aseup`'; bowls; plates; trays
.,,.tens. er ,Aaine«s that are hinged,lidded,or- ,.1.,, shell.]
For the purpose of this article, "disposable food service ware" excludes straws,
cup lids, utensils, [ate] food -related bags and wrappers, packaging for unprepared food,
and pre-packaged or pre -sealed items such as bread, cookies, milk, juice, snacks, candy,
nuts, fruits, vegetables, or other items typically sold in argrocery store or a food
manufacturer's retail location."
""Prepared food" means food or beverages, which are served, packaged, cooked,
chopped, sliced, mixed, brewed, frozen, squeezed, or otherwise prepared for consumption
by a retail consumer on the premises of a retail food establishment, including, but not
limited to, beverages, ready to eat, and takeout food. "Prepared food" does not include
raw[;]:: eggs; butchered meats[;]i fish; and/or poultry unless provided for consumption
without further food preparation or heating. For example, sashimi and poke shall be
considered to be prepared food. This also does not include pre-packagedor pre -sealed
items such as breads, cookies, milk, juice, snacks, candy, nuts, fruits, vegetables, or other
items typically sold in a grocery store or a food manufacturer's retail location."
2
""Recyclables" means material that has reached the end of its current use and is
processed into material utilized in the production of new products. [For- the
this aAiele, r-eeyelable ffiatefials will inelude enly these types of plastie being aeeepted in
SECTION 3. Chapter 20, article 6, division 2, section 20-66, of the Hawaii County
Code 1983 (2016 Edition, as amended), is amended by amending subsection (a) to read as
follows:
"(a) The following are exempt from the provisions of this article:
(1) Foods packaged outside the limits of the County of Hawaii;
(2) Coolers and ice chests that are intended for reuse; and
(3) Packaging for raw_ meat[, fish,]; poultry; seafood; and eggs that have not been
further processed."
SECTION 4. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets, bracketed and stricken material, and
underscoring need not be included.
SECTION 5. Severability. If any provision of this ordinance, or the application thereof
to any person or circumstance, is held invalid, the invalidity does 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 severable.
SECTION 6. This ordinance shall take effect upon approval.
, Hawai`i
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 301
INTRODUCED BY:
/"A�A /-.K DA L�
COUNCIL MEQ BER, COUNTY OF HAWAII
3