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Home My WebLink About2020-03-09 20-096 ORDINANCETitle, Ordinance 20-096 03/09/2020 CITY COUNCIL ACTION Council Meeting Date: February 10, 2020 Item No: 20-096 Responsible Dept: Legal Action Requested: Ordinance Map/Lot: N/A Amending Chapter 266, Polystyrene, Section 165-72, by Removing Exemptions for Hospitals and Meals on Wheels Programs Summary This ordinance amendment would extend the ban on polystyrene food service containers to hospitals and meals on wheels programs, effective as of May 1, 2020. As of January 1, 2020, polystyrene is banned from use in food service containers in Bangor. A similar ban has been passed by the state, but will not go into effect until 2021. The City ban copies the state ban in many respects, including an exemption for hospitals and "meals on wheels" programs. Many of the reasons for banning polystyrene food service containers, however, including many of the environmental reasons cited when the City passed its polystyrene ban, apply to these containers whether used by retail food service providers, hospitals, or meals on wheels programs. This ordinance amendment would also clarify that the ban applies to all food establishments, including retirement homes, schools, and workplace eating establishments. Committee Action Committee: Government Operations Action: Staff Comments & Approvals Meeting Date: February 3, 2020 For: cioj Rj'-\ City Manager City Solicitor Introduced for: First Reading and Referral Against: Finance Director CITY COUNCIL ORDINANCE Date: March 9, 2020 Assigned to Councilor: Tremble 20-096 03/09/2020 ORDINANCE, Amending Chapter 266, Polystyrene, Section 165-72, by Removing Exemptions for Hospitals and Meals on Wheels Programs WHEREAS, polystyrene is banned from use in food service containers in Bangor; WHEREAS, at present, there exists an exemption to this ban for hospitals and meals on wheels programs; and WHEREAS, polystyrene foam has several adverse environmental consequences, including breaking down into small, non -biodegradable pieces that can harm marine life; WHEREAS, many of these environmental issues with polystyrene food service containers apply to polystyrene used by hospitals and meals on wheels programs; WHEREAS, alternatives to polystyrene food service containers are readily available; and WHEREAS, hospitals and meals on wheels programs may need time to convert to non -polystyrene food service containers; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT Section 1: Chapter 266, Section 266-2 of the Code of the City of Bangor is amended as follows: § 266-2 Definitions. As used in the chapter the following terms have the following meanings: FOOD ESTABLISHMENT A. A retail, wholesale or other establishment that processes, prepares, sells or provides food or beverages. "Food establishment" includes, but is not limited to: (1) Convenience stores, restaurants, grocery stores, markets, delicatessens and retailers of merchandise and dry goods that sell or provide food or beverages to consumers; (2) Food pantries, churches, community organizations, "meals on wheels" programs, catered events, seasonal or temporary businesses such as agricultural fairs and farmers' markets and events that 20-096 03/09/2020 provide food or beverages without charge; and (3) Any place that manufactures, processes, prepares, bottles, packages, handles or stores food or beverages for retail or wholesale sale. �4) Hospitals,, public and private schools, correctional facilities, boarding homes, retirement homes independent living facilities, and workplace eating establishments. CQ Marijuana stores. § 266-4 Exemptions. Notwithstanding § 266-3, a food establishment may: A. In an emergency for the immediate preservation of public health or safety, as determined by the City Manager until January 1, 2021, process, prepare, sell or provide food or beverages in or on a disposable food service container that is composed in whole or in part of polystyrene foam. As of January 1, 2021, the determination shall be made by the applicable department of the State of Maine; B. Sell or provide food or beverages in or on a disposable food service container that is composed in whole or in part of polystyrene foam that a consumer brings to the food establishment; and C. Sell at retail food or beverages in or on a disposable food service container that is composed in whole or in part of polystyrene foam that the food establishment purchases prepackaged at wholesale. § 266-5 Violations and penalties; enforcement. C. Violations of this chapter may also be punished by the denial, suspension, or revocation of a food establishment's business license in accordance with Chapter 85 of this Code. Section 2: This ordinance amendment shall take effect on June 1, 2020. Additions are underlined, deletions strtrel( thFaugr. „ . .. 97M�.11110-!��.11'',"�,�L",-"MML,"�'I Nil --- I --- § 266-4 Exemptions. Notwithstanding § 266-3, a food establishment may: A. In an emergency for the immediate preservation of public health or safety, as determined by the City Manager until January 1, 2021, process, prepare, sell or provide food or beverages in or on a disposable food service container that is composed in whole or in part of polystyrene foam. As of January 1, 2021, the determination shall be made by the applicable department of the State of Maine; B. Sell or provide food or beverages in or on a disposable food service container that is composed in whole or in part of polystyrene foam that a consumer brings to the food establishment; and C. Sell at retail food or beverages in or on a disposable food service container that is composed in whole or in part of polystyrene foam that the food establishment purchases prepackaged at wholesale. § 266-5 Violations and penalties; enforcement. C. Violations of this chapter may also be punished by the denial, suspension, or revocation of a food establishment's business license in accordance with Chapter 85 of this Code. Section 2: This ordinance amendment shall take effect on June 1, 2020. Additions are underlined, deletions strtrel( thFaugr. IN CITY COUNCIL MARCH 9,2020 Cord 20-096 FIRST READING � w CITYCLEICK APRIL 13,2020 COrd 20-096 MOTION MADE AND SECONDED FOR PASSAGE VOTE 8 -0 COUNCILORS VOTING YES: FOURNIER,HAWES,NICHOLS, OKAFOR, SCHAEFER, SPRAGUE, SUPICA, TREMBLE COUNCILORS VOTING NO: NONE PASSED CI Y CLERK