“BPI certified” means those compostable fiber foodware products that have been certified by the Biodegradable Products Institute (BPI) to safely and readily biodegrade in an industrial composting facility in the typical processing time. As of January 1, 2020, BPI ensures all certified products are fluorinated chemical free.

“City” means the City of Larkspur.

“City facility” means any building or structure owned, leased, or operated by the City of Larkspur.

“Compliant foodware accessory” means that an item or material is (1) accepted in Marin County composting collection program as compostable; and is (2) made entirely of natural fiber.

“Compliant nonreusable foodware” means that an item or product intended for disposal after one (1) use and is: (1) accepted by the County through its composting collection program as compostable as identified by the Deputy Director of Environmental Health Services or their designee; (2) is certified by either BPI certified or other third party product certification recognized by the County through its Deputy Director of Environmental Health Services or their designee to ensure the item is free of harmful chemicals including but not limited to fluorinated chemicals that may have been used in foodware manufacture; and is (3) made entirely of natural fiber, as that term is defined below, and including but not limited to paper, wood, or sugarcane fibers.

“Compost facility” means compost facilities used by the City’s current waste haulers for composting organic material.

“Compostable” means an item or material (1) will break down, or otherwise become part of usable compost in a safe and timely manner and (2) is natural fiber-based or made from other materials approved by the Deputy Director of Environmental Health Services or designee.

“Compostable plastics or biodegradable plastics” means the disposable products developed from polylactic acid (PLA), which require a specific set of conditions to compost and/or biodegrade that do not exist in the County or the region. These products are considered noncompliant.

“Customer” means any person obtaining prepared food from a food vendor.

“Director” means the Deputy Director of Environmental Health Services or their designee.

“Disposable (or nonreusable) cup” means a beverage cup designed for single use to serve beverages such as water, hot and cold drinks, and alcoholic beverages.

“Effective date” means June 2, 2023.

“EPS” means expanded polystyrene, also known as polystyrene foam.

“Fluorinated chemical” means a class of fluorinated organic compounds containing at least one (1) fully fluorinated carbon atom, also known as perfluoroalkyl (PFOA) and polyfluoroalkyl (PFOS) substances, or PFAS chemicals. California Prop 65 lists PFOA and PFOS as reproductive toxicants.

“Food vendor” means a food facility as that term is defined in California Health and Safety Code Section 113789, or its successor, including but not limited to a restaurant, bar, grocery store, delicatessen, bakery, food service establishment (carry out, quick service, full-service), food truck, itinerant restaurant, pushcart, farmers’ market, caterer, microenterprise home kitchen operation, or cottage food operation, that sells prepared food to be consumed on and/or off the premises located or operating within the City, except that for purposes of this chapter the term “food vendor” shall not include a public or private school cafeteria.

“Foodware” means all containers, bowls, plates, food trays, cups, lids, boxes, and other like items that are used for prepared foods, including, without limitation, foodware for takeout foods and/or leftovers from partially consumed meals prepared by food vendors.

“Foodware accessories” means types of items usually provided alongside prepared food including but not limited to forks, spoons, knives, chopsticks, napkins, cup sleeves, food wrappers, beverage trays, condiment containers, straws, stirrers, splash sticks, cocktail sticks, toothpicks, tray liners, and plate liners.

“Natural fiber” means a plant-based, nonsynthetic fiber, including but not limited to paper, wood, bamboo, palm leaf, wheat straw, or sugarcane. Natural fiber does not include plastic of any kind.

“On request” means that only at the request of a customer shall the compliant product be provided.

“Polystyrene foam” means and includes blown polystyrene and expanded and extruded foams (sometimes incorrectly 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 (expandable bead polystyrene), injection molding, foam molding, and extrusion-blow molding (extruded foam polystyrene). Polystyrene foam is generally used to make cups, bowls, plates, trays, clamshell containers, meat trays, coolers, packing peanuts, and egg cartons.

“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 vendor and includes takeout food. For the purposes of this chapter, prepared food does not include raw, butchered meats, fish and/or poultry, which are sold from a butcher case or similar appliance.

“Reusable or durable” means foodware and foodware accessories, including plates, bowls, cups, jars, trays, glasses, straws, stirrers, condiment cups, utensils, etc., that are manufactured 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.

“Takeout food” 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 vendor. (Ord. 1064 § 2, 2023)