When food vendors can be excused from the foam and plastic ban

(a) The department may grant an exemption from compliance with the restrictions of § 34-13.2 upon application and the provision of sufficient evidence that there are no reasonable alternatives available to the food vendor to comply, or compliance with the restriction would cause significant hardship for the food vendor. For purposes of this subsection, exemptions may be granted for a specified term of up to two years, and may be subsequently renewed for specified terms of up to two years thereafter, provided that during the term of the exemption, diligent efforts are made by the food vendor to become compliant. (1) In situations where there are no reasonable alternatives available, a food vendor may submit an application, preferably on a form provided by the director, and shall set forth with specificity: (A) The food vendor’s name and address, and a copy of the food vendor’s most current business registration certificate; (B) A description of the polystyrene foam food ware, disposable plastic service ware, or disposable plastic food ware at issue; (C) The factual basis to support the requested determination that there is no reasonable alternative to the use of the non-compliant product at issue, which for example, may include packaging necessary for safely containing food that is of significantly high or low temperature, impact to Hazard Analysis and Critical Control Points plan applicable to the food vendor, or specific transportation requirements or safeguards; and (D) Copies of all exemptions issued to the applicant under this article. (2) In situations where compliance would cause significant hardship, a food vendor may submit an application, preferably on a form provided by the director, and shall set forth with specificity: (A) The food vendor’s name and address, and a copy of the food vendor’s most current business registration certificate; (B) A description of the polystyrene foam food ware, disposable plastic service ware, or disposable plastic food ware at issue; (C) The factual basis to support the requested determination that the use of a compliant product at issue would cause the applicant significant hardship and that there is no affordable compliant alternative; and (D) Copies of all exemptions issued to the applicant under this article. (b) The department may grant an “industry exemption” from compliance with the restrictions of § 34-13.2 upon application and the provision of sufficient evidence that compliance with § 34-13.2 would cause hardship to the food service industry. “Hardship” under this subsection will be construed to include, but not be limited to: situations where there are no acceptable alternatives to providing polystyrene foam food ware, disposable plastic service ware, or disposable plastic food ware to customers; or situations where acceptable alternatives are not readily available due to market supply constraints. For purposes of this subsection, an “industry exemption” may be granted for a specified term of up to two years, and may be subsequently renewed for specified terms of up to two years thereafter, provided that during the term of the exemption, diligent efforts are made by the industry applicant to become compliant. (c) Disposable plastic straws may be provided, upon request, to customers for whom non-fossil-fuel-based straws are unsuitable due to medical or physical conditions. Otherwise, straws must be fossil-fuel free or designed to be reusable. The following entities are exempt from compliance with the restriction of § 34-13.2 (b), specific to disposable plastic straws: (1) A “hospital” as defined under Hawaii Administrative Rules § 11-93-2; (2) A “nursing facility” as defined under Hawaii Administrative Rules § 11-94.1-2; (3) An “assisted living facility” as defined under Hawaii Administrative Rules § 11-90-2; (4) An “adult residential care home” (“ARCH”) and “expanded ARCH” as defined under Hawaii Administrative Rules § 11-100.1-2; (5) A “hospice service agency” as defined under HRS § 321-15.63(b); (6) A “hospice home” as defined under HRS § 321-15.1; (7) A “home health agency” as defined under Hawaii Administrative Rules § 11-97-1; and (8) A “home care agency” as defined under Hawaii Administrative Rules § 11-700-2. (d) The following shall be exempt from compliance with the restrictions of § 34-13.2 : (1) Packaging for raw meat, raw poultry, raw seafood, unprepared produce, and uncooked eggs; (2) Packaging for prepackaged food, shelf stable food, and catered food; and (3) Packaging in any situation deemed by the city to be an emergency requiring immediate action for the preservation of life, health, property, safety, or essential public services. This exemption shall be in place until the emergency has ceased or the mayor has determined that the exemption is no longer applicable to the situation.