5.89.050 Automatic Exemptions

(a) Prepackaged Food is exempt from the provisions of this Chapter.

(b) Polystyrene coolers and ice chests intended for reuse are exempt from the provisions of this Chapter.

(c) Disposable Food Service Ware that is entirely Aluminum Foil-based is exempt from the provisions of this Chapter.

(d) If the City determines that a reasonably feasible Disposable Food Service Ware that complies with Section 5.89.030 (a), (b), (d), and (e) of this Chapter does not exist, these items will be exempt from the abovementioned provisions of this Chapter until the City determines that a reasonably feasible alternative is available on the market for purchase. The City will maintain and make publicly available a current list of exempted Disposable Food Service Ware

(e) Temporary exemptions due to an emergency are automatic without the submission of a request for an exemption. An emergency is defined as a sudden, unexpected occurrence posing a clear and imminent danger that requires immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services. Examples of an emergency include, but are not limited to natural disasters, emergencies due to the release of hazardous materials, emergencies associated with loss of power and/or water, or emergency medical response.