Exemptions

This chapter does not apply to any of the following: A. Plastic disposable foodware used for raw or butchered meats, poultry, seafood, unprepared produce, or eggs, unless provided for consumption without further food preparation (e.g., sashimi and poke). B. Foam blocks or pieces used as protective packaging during shipping (e.g., packing peanuts). C. Use or sale of plastic disposable foodware in situations unique to the type of food, where there are no reasonable alternatives to plastic disposable foodware if the food provider applies for an exemption and such exemption is granted by the director. D. Use or sale of plastic disposable foodware in situations unique to the food provider, where compliance with this chapter would cause significant hardship and there is no reasonably affordable alternative to plastic disposable foodware if the food provider applies for an exemption and such exemption is granted by the director. A price for a product that is more than 40 percent higher than a comparable plastic product is not reasonably affordable. E. Use or sale of plastic disposable foodware in any situation deemed by the County to be an emergency requiring the immediate preservation of life, health, property, safety, or essential public services. This exemption must be in place until the emergency has ceased or the mayor has determined the exemption is no longer applicable to the situation. F. Prepackaged food, not including polystyrene foam food service containers. G. Disposable plastic straws, if requested and used by persons with disabilities. H. Disposable plastic straws used at hospitals, nursing facilities, assisted living facilities, adult residential care homes, hospice service agencies or homes, home health agencies, and home care agencies. ( Ord. No. 5084 , § 1, 2020; Ord. No. 4457 , § 2, 2018, eff. 12-31-2018)