CC - ORD-2021-008Ord. No. ORD-2021-008
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ORDINANCE NO. ORD-2021-008
ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ROSA AMENDING TITLE 9
OF THE SANTA ROSA CITY CODE BY ADDING CHAPTER 9-30, ZERO WASTE FOOD
WARE ORDINANCE
THE PEOPLE OF THE CITY OF SANTA ROSA DO ENACT AS FOLLOWS:
Section 1. Findings and Purpose. The City Council finds and declares as follows:
A. The City of Santa Rosa has a duty to protect the natural environment and health and
safety of residents.
B. The production and use of single-use disposable food ware, packaging, and plastics is a
major contributor to street litter, ocean pollution, marine and other wildlife harm, and
greenhouse gas emissions.
C. The production, consumption and disposal of single-use disposable food ware contributes
significantly to the depletion of natural resources and causes plastics to enter our
waterways and oceans.
D. Eighty percent of marine debris originates on land, primarily as urban runoff. Marine
plastic degrades into pieces and particles of all sizes and is present in the world’s oceans
at all levels.
E. Marine microplastic has been detected in seafood sold for human consumption and has
also been detected in human consumption items such as bottled water, honey, sea salt and
more.
F. In 2017, the Russian River Watershed Association conducted an analysis of trash in the
Russian River. The study revealed that of the total litter items collected (2,578) over sixty
percent (60%) were single-use plastic items of some variety (plastic wrappers, plastic
bags, polystyrene food packaging, lids/straws, etc.). Polystyrene products alone
accounted for approximately 10% of the total litter items collected.
G. Reducing the generation of single-use disposable food ware including plastic utensils,
plastic cups, polystyrene clamshells, plastic straws, and disposable food ware maximizes
the operating life of landfills, reduces litter, and helps reduce the economic and
environmental costs of managing waste. This will also help protect the City’s
environment from contamination and degradation making it a cleaner and safer place to
all citizens and visitors.
H. It is in the interest of the health, safety, and welfare of all who live, work, and do business
in the City that the amount of litter on public streets, parks, waterways, and other public
places be reduced.
I. The City of Santa Rosa must reduce solid waste at its source in accordance with its Zero
Waste Master Plan goals. Reduction of single-use disposable food ware furthers this goal.
J. This Chapter is consistent with City of Santa Rosa’s 2012 Climate Action Plan, the
County of Sonoma Integrated Waste Management Plan, as amended, and the CalRecycle
Ord. No. ORD-2021-008
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recycling and waste disposal regulations contained in Titles 14 and 27 of the California
Code of Regulations.
Section 2. City Code Amendment. Chapter 9-30 is hereby added to Title 9 of the
Santa Rosa City Code to read as follows:
“Chapter 9-30 ZERO WASTE FOOD WARE
9-30.010 Title.
This chapter shall be known as the "Zero Waste Food Ware Ordinance."
9-30.015 Definitions.
Unless the context requires otherwise, the terms defined in this Ordinance shall have the
following meanings and are capitalized in the Ordinance text:
(A) “City” means the City of Santa Rosa
(B) “City-Sponsored Events” means City-managed concessions, City-sponsored
events and occasions, and City-permitted events.
(C) “Condiment” means a substance that is used to add flavor to food or beverages
such as, but not limited to, salt, ketchup, mayonnaise, ranch, sugar, creamer, etc.
(D) “Dine-In” means offering on-site services intended for food and beverage
consumption on the food provider’s premises.
(E) “Effective Date” means January 1, 2022.
(F) “Food Facilities” means all facilities as described in the California Retail Food
Code section 113789 as the same may be amended from time to time, including
an operation that stores, prepares, packages, serves, vends, or otherwise provides
food for human consumption at the retail level, including, but not limited to, the
following: (1) an operation where food is consumed on or off the premises,
regardless of whether there is a charge for the food. (2) a place used in
conjunction with the operations described in the California Retail Food Code
section 113879, as the same may be amended from time to time, including, but
not limited to, storage facilities for food-related utensils, equipment, and
materials. Examples include, but are not limited to a: restaurant, bar, grocery
store, delicatessen, bakery, mobile food facilities, catering operation, farmers
market, microenterprise home kitchen operation, movie theatre, licensed health
care facility, etc.
(G) “Food Ware” means all containers, bowls, plates, trays, cups, lids, boxes, and
other like items that are used for Prepared Foods, including without limitation,
Food Ware for Takeout and or/leftovers from partially consumed meals prepared
by Food Facilities.
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(H) “Food Ware Accessories” means types of items usually provided alongside
Prepared Food including but not limited to forks, spoons, knives, chopsticks,
napkins, cup sleeves, wrappers, beverage trays, condiment containers, straws,
stirrers, splash sticks, cocktail sticks, toothpicks, tray-liners, and plate-liners.
(I) “On Request” means that only at the request of a Person shall the product(s) be
provided.
(J) “Per- and Polyfluoroalkyl” or “PFAS” means a group of man-made chemicals
that includes PFOA, PFOS, GenX, and many other chemicals. PFAS have been
manufactured and used in a variety of industries around the globe. These
chemicals are very persistent in the environment and in the human body meaning
they don’t break down and accumulate over time. There is evidence that exposure
to PFAS can lead to environmental health effects such as reproductive,
developmental, liver, kidney, and immunological effects.
(K) “Person” means natural person, joint venture, joint stock company, partnership,
association, club, company, corporation, business, trust, organization, or the
manager, lessee, agent, servant, officer or employee of any of them.
(L) “Polystyrene” means and includes blown polystyrene and expanded and extruded
foams (sometimes called Styrofoam, a Dow Chemical Co. trademarked form of
polystyrene foam insulation) which are thermoplastic petrochemical materials
utilizing a styrene monomer and processed by any number of techniques
including, but not limited to, fusion of polymer spheres (expanded bead
polystyrene), injection molding, foam molding, and extrusion-blow molding
(extruded foam polystyrene). Polystyrene is generally used to make cups, bowls,
plates, trays, clamshell containers, meat trays, coolers, packaging peanuts, and
egg cartons.
(M) “Prepared Food” means food or beverages, which are served, packaged, cooked,
chopped, sliced, mixed, brewed, frozen, squeezed or otherwise prepared on the
premises of the Food Facility and includes Takeout Food.
(N) “Retail Establishment” has the meaning set forth in section 9-10-010(H) of the
City Code.
(O) “Reusable Food Ware” means Food Ware and/or Food Ware Accessories,
including plates, bowls, cups, trays, glasses, straws, stirrers, condiment cups,
utensils, etc. that are composed of durable materials and specifically designed and
manufactured to be washed and sanitized and to be used repeatedly over an
extended period of time, and are safe for washing and sanitizing according to
applicable regulations.
(P) “Take-Out” means food or beverages requiring no further preparation to be
consumed and which generally are purchased to be consumed off the premises of
the Food Facility.
/ / /
/ / /
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9-30.020 Prohibited products for Dine-In, Take-Out, City-Sponsored Events and Retail
Establishments.
Except as provided for in this Chapter, Food Facilities within the City shall not sell, procure,
distribute, or otherwise give away Food Ware and/or Food Ware Accessories for Dine-In, Take-
Out or in Retail Establishments or at City-Sponsored Events where such Food Ware, Food Ware
Accessories and/or products made from or otherwise contain:
(A) Per – and Polyfluoroalkyl (PFAS); and
(B) Polystyrene.
9-30.025 Additional Dine-In Food Ware regulations.
In addition to complying with Section 9-30.020, Dine-In Food Facilities within in the City shall:
(A) Only use Reusable Food Ware and Reusable Food Ware Accessories; and
(B) Provide Food Ware Accessories upon request only; and
(C) Offer Condiments in a Reusable dispenser or format rather than pre-packaged
single-use packets.
9-30.030 Additional Take-Out Food Ware regulations.
In addition to complying with Section 9-30.020, Food Facilities within the City offering Take-
out:
(A) Shall provide Food Ware Accessories upon request only; and
(B) Shall comply with the requirements of Chapter 9-10 (Waste Reduction Program
for Carryout Bags) of the City Code; and
(C) Shall provide options for customers to affirmatively request Food Ware
Accessories separate from orders for food and beverages across all ordering/point
of sale platforms, including but not limited to web, smartphone and other digital
platforms, telephone, and in-person. A Food Facility or a Takeout Food delivery
service may include lids, spill plugs, and sleeves without request for non-
Reusable cups for delivery; and
(D) Are encouraged, but not required, to charge customers receiving to-go Food Ware
Accessories twenty-five cents ($0.25). Customers must request Food Ware
Accessories; and
(E) Are encouraged, but not required, to provide a twenty-five cent ($0.25) credit to
customers bringing in their own hygienic Reusable Food Ware for Takeout.
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9-30.035 Additional Retail Establishment regulations and exemptions.
(A) The use of Polystyrene or PFAS by Retail Establishments specifically includes,
without limitation, the following: Coolers, ice chests, or similar containers, unless
they are wholly encapsulated or encased within more durable material so as to be
Reusable; Packaging peanuts or other packaging materials; or Food Ware and
Food Ware Accessories;
(B) Notwithstanding section 9-30.035(A), products containing Polystyrene, in which
Polystyrene is included for insulating or flotation purposes and is completely
encased in more durable material at sold, procured, distributed, or otherwise given
away at Retail Establishments are exempt from the provisions of this Chapter.
Examples include surfboards, boats, life preservers, construction materials, craft
supplies and durable coolers not principally composed of polystyrene.
9-30.040 Three-bin waste stream containers required.
(A) All Food Facilities who provide solid waste containers for use by a Person, must
provide three separate containers for garbage, recyclables, and organics. Color
guidelines should be consistent with City’s franchised hauler collection program;
(B) To the extent possible given space constraints, all containers for garbage,
recyclables and organics should be placed adjacent to one another; and
(C) Graphic-rich signage must be posted on or above each container following the
franchised waste hauler’s sorting guidelines.
9-30.045 Prepared Food exemption.
Entities packaging Prepared Food outside the City are exempt from the provisions of this
chapter; provided, however, such Persons are urged to follow the provisions of this Chapter.
9-30.050 Waivers: process to obtain.
The City Manager or his/her designee may grant waivers from the requirements of this Chapter
under Emergency and Non-Emergency Circumstances.
(A) Emergency Circumstances: Consistent with his/her authority under section 2-24
of the City Code, and for the immediate preservation of the public peace, health,
or safety due to an emergency or natural disaster, the City Manager, or designee,
may exempt Food Facilities, Retail Establishments and City-Sponsored Events, as
well as any City facilities and agents, contractors and vendors doing business with
the City, from the provisions of this Chapter.
(B) Non-Emergency Circumstances. The City Manager or his/her designee may,
based upon documentation provided by the applicant that the requirements of this
chapter would create an undue financial hardship or practical difficulty not
generally available to other Persons in similar circumstances.
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(C) Waivers for Non-Emergency Circumstances may be granted for a specified term
of up to one (1) year. Waivers during Emergency Circumstances may be granted
for the duration of the emergency. During the waiver term, the Food Facility shall
make diligent efforts to become compliant.
(D) The City Manager or his/her designee shall have full discretion to verify the
waiver application including independent verification and site visits. The City
Manager’s decision to grant or deny a waiver will be put in writing and its
determination considered final.
9-30.055 Enforcement and penalties.
(A) The City Manager, or designee, shall have primary responsibility for enforcement
of this Chapter. The City Manager is authorized to make all necessary and
reasonable rules and regulations with respect to the enforcement of this Chapter.
All such rules and regulations shall be consistent with the provisions of this
Chapter.
(B) The City Manager, and/or City Attorney, may determine in their discretion to
send a notice to cure to a retailer prior to invoking the enforcement provisions of
this section if there have not been prior complaints against the retailer for
violation of this Chapter.
(C) Anyone violating or failing to comply with any provision of this chapter shall be
guilty of an infraction or misdemeanor as determined by the City Attorney under
Chapter 1-28. The City Attorney may seek legal, injunctive, administrative or
other equitable relief to enforce this chapter. The remedies and penalties provided
in this section are cumulative and not exclusive and nothing in this section shall
preclude the City from pursuing any other remedies provided by law. In addition
to any relief available to the City, the City shall be entitled to recover reasonable
attorneys’ fees and costs incurred in the enforcement of this Chapter.
(D) The authorized representative of any retail establishment may appeal any citation
issued under this chapter in accordance with the provisions of Chapter 1-20.
(E) Penalties for violations of any provision of this Chapter shall be as follows;
provided, however, that no administrative citation may be issued or infraction
charged for violation of a requirement of this chapter until one year after the
Effective Date of the ordinance:
i. A fine not exceeding $100.00 for the first violation
ii. A fine not exceeding $200.00 for a second violation of the same Code
provision within one year; and
iii. A fine not exceeding $500.00 for each additional violation in excess of two, of
the same Code provision within one year.
iv. If continued willful violations occur the City reserves the right to suspend
vendors use permit.
(F) The remedies and penalties provided in this section are cumulative and not
exclusive.
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9-30.060 Effective Date.
The “Effective Date” of the ordinance is January 1, 2022.”
Section 3. Environmental Determination. The Council finds that the adoption and
implementation of this ordinance are exempt from the provisions of the California
Environmental Quality Act under section 15061(b)3 in that the Council finds there is no
possibility that the implementation of this ordinance may have significant effects on the
environment.
Section 4. Severability. If any section, subsection, sentence, clause, phrase or word of
this ordinance is for any reason held to be invalid and/or unconstitutional by a court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this
ordinance.
Section 5. Effective Date. This ordinance shall take effect on the 1st day of January
2022.
This ordinance was introduced by the Council of the City of Santa Rosa on July 20, 2021.
IN COUNCIL DULY PASSED AND ADOPTED this 3rd day of August, 2021.
AYES: (6) Vice Mayor N. Rogers, Council Members Alvarez, Fleming, Sawyer,
Schwedhelm, Tibbetts
NOES: (0)
ABSENT: (1) Mayor C. Rogers
ABSTAIN: (0)
ATTEST: _________________________ APPROVED: ______________________________
City Clerk Vice Mayor
APPROVED AS TO FORM: ________________________
City Attorney
Natalie Rogers (Aug 19, 2021 13:18 PDT)
Natalie Rogers
ORD-2021-008 (City Council 08/03/2021) -
RUSH!!!
Final Audit Report 2021-08-19
Created:2021-08-04
By:Gretchen Emmert (gemmert@srcity.org)
Status:Signed
Transaction ID:CBJCHBCAABAAK7-o8U70DOYoqJpejGnL7qpbndX9TboL
"ORD-2021-008 (City Council 08/03/2021) - RUSH!!!" History
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Agreement completed.
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City of
y Santa Rosa
, CERTIFICATION
SANTA ROSA CITY COUNCIL
ORDINANCE NO. ORD-2021-008
STATE OF CALIFORNIA )
COUNTY OF SONOMA ) ss.
CITY OF SANTA ROSA )
I, DINA MANIS, Deputy City Clerk of the City of Santa Rosa, California, do
hereby certify that the foregoing ordinance, published and posted in compliance with
State law and Santa Rosa City Charter Section 8, was duly introduced on July 20,
2021, by the City Council of Santa Rosa at a regular meeting of said Council, and
adopted on August 3, 2021 regular meeting by said Council by the following vote:
AYES: (6) Vice Mayor N. Rogers, Council Members Alvarez, Fleming,
Sawyer, Schwedhelm, Tibbetts
NOES: (0)
ABSENT: (1) Mayor C. Rogers,
ABSTAIN: (0)
If --1
Dina Manis, Deputy City Clerk
City of Santa Rosa, California