Chapter 5.34
RESTRICTING THE USE AND SALE OF SINGLE-USE PLASTIC BAGS AND NONCOMPOSTABLE FOOD SERVICE CONTAINERS, STRAWS, LIDS, AND UTENSILS
Sections:
5.34.040 Prohibition on disposable plastic carryout bags.
5.34.050 Types of bags permitted at retail establishments.
5.34.060 Recyclable paper bag pass-through charge.
5.34.070 Prohibitions on noncompostable food service containers, straws, lids, and utensils.
5.34.080 Types of food containers, straws, lids, and utensils permitted at retail establishments.
5.34.085 Requiring reusable food service products for on-premises dining.
5.34.100 Enforcement forbearance.
5.34.110 Violations and penalties.
5.34.140 No conflict with federal or state law.
5.34.010 Definitions.
Whenever used in this chapter, unless the context otherwise requires:
A. “ASTM Standard” means the American Society for Testing and Materials (ASTM) International Standard.
B. “Carryout bag” means a bag that is provided by a retail establishment at the checkstand, cash register, point of sale or other point of departure for the purpose of transporting food or merchandise out of the establishment.
Carryout bags do not include:
1. Bags without handles provided solely for produce, bulk food, fish or meat at a produce, bulk food, fish or meat department within a grocery store or supermarket, a produce, fish or meat market, farmers’ market or other similar retail establishment;
2. Bags used by customers inside stores to package bulk items such as fruit, vegetables, nuts, grains, candy, greeting cards, or small hardware items, such as nails and bolts;
3. Bags provided to contain or wrap flowers or potted plants, or other items where dampness may be a problem; or to contain prescription drugs; laundry-dry cleaning bags; newspaper bags; or
4. Bags sold in packages containing multiple bags intended for use as garbage, pet waste, or yard waste bags.
C. “Compostable” means a plant-based or plastic item that meets the Biodegradable Product Institute’s standard “designed to disintegrate and biodegrade quickly and safely, when composted in a professionally managed facility,” as defined in Compostability Standard ASTM D6400 and Biodegradability Standard ASTM D6868.
D. “Food provider” means any entity or person providing prepared food for consumption on or off its premises, operating within the city, including any shop, sales outlet, restaurant, bar, pub, coffee shop, cafeteria, caterer, convenience store, liquor store, grocery store, supermarket, delicatessen, food truck, catering vehicle or cart, or roadside stand.
E. “Food service container” means all plates, trays, cups, lids, bowls, cartons, and hinged or lidded containers (clamshells) on or in which any foods or beverages are placed or packaged or intended to be placed or packaged and designed for one-time use.
F. “Nonwood renewable fiber” means plant-based fiber derived from wheat straw grown in North America.
G. “Pass-through charge” means a charge to be collected by retailers from their customers when providing recyclable paper bags, and retained by retailers to offset the cost of bags and other costs related to the pass-through charge.
H. “Prepared food” means any food or beverage prepared for consumption using any cooking, packaging, or food preparation technique, including chopping, slicing, mixing, brewing, freezing, or squeezing, or otherwise prepared for consumption.
I. “Recyclable” means used or waste materials that can be treated or processed to be made suitable for reuse, whether in their original form or with minimal alterations. For the purposes of this chapter, recyclable materials do not include polystyrene.
J. “Recyclable paper bag” or “recyclable paper carryout bag” means a paper bag that meets all of the following requirements: is 100 percent recyclable overall and contains a minimum of 40 percent post-consumer recycled content, a minimum of 40 percent nonwood renewable fiber, or a combination of postconsumer recycled materials and nonwood renewable fiber that totals at least 40 percent; is capable of composting, and displays on the exterior the minimum percentage of recycled content, wheat straw fiber content, or both.
K. “Retail establishment” means any commercial business facility engaged in the sale of goods to consumers for ultimate consumption.
L. “Reusable food service products” means plates, bowls, cups, bottles, utensils, and other products used to contain food and beverages, or facilitate the consumption of food and beverages, designed and manufactured to maintain its shape and structure, and to be materially durable for repeated (at least 1,000 times each) sanitizing in water at 171 degrees Fahrenheit for at least 30 continuous seconds, washing via commercial dishwashing machine, and reuse.
M. “Reusable bag” means a bag with handles that is specifically designed and manufactured for at least 125 uses and is capable of carrying 22 pounds 175 feet, and is made of cloth or other machine washable fabric or from a material that can be cleaned and disinfected. If made of film plastic, be made of durable plastic that is at least 2.25 mils thick until December 31, 2025, and thereafter at least four mils thick unless amended in Chapter 70A.530 RCW; be made of a minimum of 20 percent postconsumer recycled content until July 1, 2022, and thereafter must be made from a minimum of 40 percent postconsumer recycled content; and display in print on the exterior of the plastic bag the minimum postconsumer recycle content, mil thickness, and that the bag is reusable.
N. “Single-use plastic carryout bag” means any carryout bag made from plastic that is neither intended nor suitable for continuous reuse as a carryout bag or that is less than 2.25 mils thick, unless that bag meets the qualifications for a compostable bag. (Ord. 1224 § 2, 2021; Ord. 1181 § 1, 2018)
5.34.020 Purpose.
The purpose of this chapter is to promote public health, reduce litter, and limit harmful materials entering the environment by the regulation and limiting of the use of single-use plastic carryout bags and noncompostable food packaging, straws, lids, and utensils; and to encourage the use of environmentally preferred alternatives, such as containers, straws, lids, and utensils made from compostable materials. (Ord. 1224 § 2, 2021; Ord. 1181 § 1, 2018)
5.34.030 Administration.
A. The mayor, or his or her designee, shall administer this chapter and adopt administrative rules within four months from the date of adoption of the ordinance codified in this chapter.
B. Upon the approval of a request made under LFPMC 5.34.100, the mayor, or his or her designee, shall remit to the city council a copy of the approved application. (Ord. 1224 § 2, 2021; Ord. 1181 § 1, 2018)
5.34.040 Prohibition on disposable plastic carryout bags.
No retail establishment in the city, or any of its employees, agents, managers or owners, shall provide a single-use plastic carryout bag to any customer. (Ord. 1224 § 2, 2021; Ord. 1181 § 1, 2018)
5.34.050 Types of bags permitted at retail establishments.
A. All retail establishments within the city of Lake Forest Park shall provide only the following as carryout bags to customers: reusable bags or compostable bags.
B. Nothing in this chapter shall be read to preclude retail establishments from making reusable bags or compostable bags available for sale to customers or from giving them out free of charge.
C. Recyclable paper bags must meet the definition of compostable to be provided by retail establishments and are subject to the pass-through charge in LFPMC 5.34.060. (Ord. 1224 § 2, 2021; Ord. 1181 § 1, 2018)
5.34.060 Recyclable paper bag pass-through charge.
A. Retail establishments may provide a customer a reusable bag or a recyclable paper bag upon request but shall charge the customer a reasonable pass-through charge of not less than $0.08 per bag provided.
B. All retail establishments shall indicate on the customer transaction receipt the number of recyclable paper carryout bags provided and the amount of the pass-through charge.
C. Prior to the effective date of the ordinance codified in this chapter, retail establishments may voluntarily implement the restrictions on carryout bags allowed, as described herein, and may concurrently implement a pass-through charge.
D. Notwithstanding the requirements in subsection A of this section, nothing in this chapter shall restrict retail establishments from providing a discount to customers who use reusable bags.
E. Retail establishments may not collect a pass-through charge from anyone using a voucher or electronic benefits card issued under the women, infants, children (WIC) or temporary assistance for needy families (TANF) support programs, or the federal supplemental nutrition assistance program (SNAP, also known as basic food), or the Washington State food assistance program (FAP). (Ord. 1224 § 2, 2021; Ord. 1181 § 1, 2018)
5.34.070 Prohibitions on noncompostable food service containers, straws, lids, and utensils.
Except as provided in LFPMC 5.34.085 and 5.34.090:
A. Food providers shall not sell, use, provide, or offer the use of noncompostable food service containers, straws, lids, and utensils.
B. The city shall not provide or use noncompostable food service containers, straws, lids, and utensils at any city facility or city-sponsored event. No city department or facility shall purchase or acquire noncompostable food service containers, straws, lids, and utensils. All parties who contract with the city shall be prohibited from using noncompostable food service containers, straws, lids, and utensils in city facilities or on city-funded projects within the city. (Ord. 1224 § 2, 2021; Ord. 1181 § 1, 2018)
5.34.080 Types of food containers, straws, lids, and utensils permitted at retail establishments.
Except as provided in LFPMC 5.34.085, all retail establishments shall only provide food service containers, straws, lids, and utensils that are plant-based or compostable plastic as defined in Compostability Standard ASTM D6400 and Biodegradability Standard ASTM D6868. (Ord. 1224 § 2, 2021; Ord. 1181 § 1, 2018)
5.34.085 Requiring reusable food service products for on-premises dining.
A. Reusable food service products are encouraged at all on-premises dining establishments for any meal to be eaten on the premises. Service of condiments provided for on-site consumption, such as sauces, ketchup, or mustard, is discouraged in disposable, individual-serving packaging.
B. Consumption is considered on-premises if it takes place at tables and/or seating provided by the food service business, either on its own or in conjunction with another food service business. (Ord. 1224 § 2, 2021)
5.34.090 Exceptions.
This chapter shall not apply to the following:
A. Noncompostable food service containers for foods prepared and packaged entirely outside of the city but sold within the city.
B. Disposable flexible plastic drinking straws when needed by customers due to medical or physical conditions and for whom flexible compostable paper straws are unsuitable. Otherwise, straws must be compostable or designed to be reusable. (Ord. 1224 § 2, 2021; Ord. 1181 § 1, 2018)
5.34.100 Enforcement forbearance.
The mayor, or his or her designee, may allow periodic noncompliance with this chapter upon sufficient showing of supply chain interruptions or other similar reasons for noncompliance. (Ord. 1224 § 2, 2021; Ord. 1181 § 1, 2018)
5.34.110 Violations and penalties.
A. Violations of this chapter may be enforced using the procedures set forth for civil infractions in Chapter 1.25 LFPMC. Liability for violations of this chapter shall be the responsibility of the owner of the retail establishment.
B. The remedies and penalties provided in this chapter are cumulative and not exclusive.
C. It shall be a violation of this chapter for any retail establishment to penalize, discipline, or discriminate against any employee for performing any duty necessary to comply with this chapter. (Ord. 1224 § 2, 2021; Ord. 1181 § 1, 2018)
5.34.120 Operative date.
Repealed by Ord. 1224. (Ord. 1181 § 1, 2018)
5.34.130 Public awareness.
Restrictions in this chapter on the use of plastic single-use bags and noncompostable food service containers, straws, lids, and utensils shall be set forth on all applications for permits relating to city facilities, city-managed concessions, city-sponsored or city-permitted events, or city programs. (Ord. 1224 § 2, 2021; Ord. 1181 § 1, 2018)
5.34.140 No conflict with federal or state law.
Nothing in this chapter shall be interpreted or applied so as to create any requirement, power, or duty in conflict with any federal or state law. (Ord. 1224 § 2, 2021; Ord. 1181 § 1, 2018)