Retail Establishments
DO’s and DON’Ts
DO's
- Offer reusable foodware
- Offer certified compostable single-use food and beverage containers
- Offer compostable condiment containers
- Offer compostable cups, straws, lids and sleeves
DON'Ts
- Don’t offer expanded polystyrene (AKA styrofoamTM) food and beverage containers
- Don't offer any product that is made of expanded polystyrene not encased in durable material
FAQ
How does my store comply with the Ordinance?
Cease offering customers products made of expanded polystyrene (aka Styrofoam®), unless it is encased in durable material. Products include, but are not limited to, food and beverage containers such as plates, bowls, and cups, utensils such as forks and spoons, pool toys, and coolers.
How do food facilities within my store comply with the Ordinance?
See Food Facilities page
How does this ordinance impact vending machines?
The requirement to use single use foodware that is only compostable or recyclable does not apply to single use articles that are included with ready-to-eat food that is pre-packaged at a location outside the premises of the food facility, provided that such ready-to-eat food is offered to the customer as originally packaged. Single use foodware accessories that are included as part of a product that is pre-packaged by a manufacturer, such as a juice box or pre-packaged salad, are not required to be compostable or recyclable.
Are products sold online exempt?
Store locations within the unincorporated areas may not sell or ship expanded polystyrene products, including through online platforms.
Is the use of expanded polystyrene for packaging raw meat, poultry and seafood on-site exempt?
Stores within the unincorporated areas of the County are prohibited from using expanded polystyrene for packaging raw meat, poultry and seafood onsite.
Will we have site visits?
Public Works or their consultants may conduct site visits to provide education and technical assistance to businesses.
What is required as far as record keeping?
Records of purchases to show compliance, in either written or electronic form, retained for a period of three (3) years. They shall be made available for inspection at the request of Public Works or Public Health.
What are the penalties and fines for Ordinance violations?
- Written warning notice
- Retail establishment fine is one hundred dollars ($100) for each day of violation, up to a maximum fine of one thousand dollars ($1,000) per year
Any person that violates any provision of this Chapter may be subject to a civil action, including, but not limited to, an injunction, and shall be liable for a civil penalty of up to one thousand dollars ($1,000) for each day of violation.
