A. “ASTM standard specification” means an explicit set of requirements to be satisfied by a material, product, system, or service established by meeting the standards of the American Society for Testing and Materials (“ASTM”).

B. “Biodegradable Products Institute,” or “BPI,” refers to a certification program that ensures that compostable products and packaging displaying the BPI logo have been independently tested and verified to meet certain standards.

C. “Condiment” means relishes, spices, sauces, confections, or seasonings that require no additional preparation and are usually used on a food item after preparation, and includes, but is not limited to, different types such as ketchup, mustard, mayonnaise, soy sauce, hot sauce, salsa, salt, pepper, and sugar/sugar substitutes.

D. “Disposable” means designed to be discarded after a single or limited number of uses, not manufactured for long-term multiple reuse, and/or is not reusable as defined herein.

E. “Fluorinated chemicals” means perfluoroalkyl and polyfluoroalkyl substances (PFAS chemicals) or chemicals which are a class of fluorinated organic chemicals containing at least one fluorinated carbon atom.

F. “Food service ware” means a product intended to be used for serving, distributing, holding, packaging, and/or transporting prepared food including, but not limited to, plates, bowls, cups, trays, deli rounds, clamshells and other hinged or lidded containers, food contact paper (e.g., wraps, bags, tray liners), and portion cups. The term “food service ware” also includes food service accessories including, but not limited to, lids, straws, stirrers, cup spill plugs, cup sleeves, condiment packets, utensils, cocktail sticks/picks, toothpicks, napkins, and the packaging that any of these individual items are wrapped in.

G. “Home compostable” means comprised of natural fiber as defined below, and/or able to break down or otherwise become part of usable compost in a safe and a timely manner in a nonindustrial composting environment. Any food service ware item that is “OK Compost HOME” certified by TÜV Austria will be presumed to satisfy this definition. In the event that an ASTM standard for home compostable products that meets or exceeds the OK Compost HOME certification is established, any food service ware item certified as satisfying that standard will satisfy this definition.

H. “Industrial composting facility” means a large-scale professional composting facility which processes significant amounts of organic waste, including food service ware certified as industrial compostable, through a controlled biotechnological process, regulating factors such as particle size, moisture content, aeration, temperature, pH, and carbon/nitrogen ratio.

I. “Lodging establishment” means an establishment that contains one or more sleeping room accommodation(s) that are rented or otherwise provided to the public, including, but not limited to, a hotel, motel, resort, bed and breakfast inn, or vacation rental (including lodging provided through hosting services such as Airbnb and VRBO).

J. “Natural fiber” means a plant-based, nonsynthetic fiber, including, but not limited to, products made from paper, wood and wood pulp, sugar cane, bamboo, wheat stems/stalk, and hay.

K. “Personal care product” includes, but is not limited to, hand soap, body wash, shampoo, conditioner, and lotion.

L. “Expanded polystyrene” means blown polystyrene and expanded and extruded foams 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-blown molding (extruded foam polystyrene).

M. “Prepackaged food” means food service ware that has been filled with food and sealed by a separate food service business or food manufacturer prior to receipt by the point-of-sale retail establishment. “Prepackaged food” includes a utensil, straw, or other item physically attached for purposes of retail sale to food service ware prior to receipt by the point-of-sale retail establishment.

N. “Prepared food” means food or beverages that undergo a cooking or food preparation technique on or off the retail food establishment’s premises for consumption by the public. Cooking and food preparation techniques include, but are not limited to, the following:

1. Cooking methods utilizing the application of heat, such as steaming, microwaving, simmering, boiling, broiling, grilling, frying, or roasting;

2. Beverage preparation, such as blending, brewing, steeping, juicing, diluting, or pouring;

3. Food preparation techniques, such as defrosting, rinsing, washing, diluting, cutting, portioning, mixing, blending, assembling, coating, dipping, garnishing, decorating, or icing.

“Prepared food” does not include raw eggs or raw, butchered meats, fish, and/or poultry sold from a butcher case, a refrigerator case, or similar retail appliance.

O. “Retail establishment” means any person, corporation, partnership, business, facility, vendor, organization, or individual that sells or provides merchandise, goods, or materials directly to a customer, including to a “retail food establishment.” “Retail establishment” includes, but is not limited to, retail food establishments, grocery stores, department stores, hardware stores, home or business delivery services, pharmacies, liquor stores, restaurants, catering trucks, convenience stores, or other retail stores or vendors, including temporary stores or vendors at farmers markets, street fairs, and festivals.

P. “Retail food establishment” means all sales outlets, stores, shops, or other places of business located within the city which sell or convey foods directly to the ultimate consumer. “Retail food establishment” shall include, but not be limited to, any place where food is prepared, mixed, cooked, baked, smoked, preserved, bottled, packaged, handled, stored, manufactured, and sold or offered for sale, including, but not limited to, any fixed or mobile restaurant; drive-in; coffee shop; cafeteria; short-order cafe; delicatessen; luncheonette; grill; sandwich shop; soda fountain; tavern; bar; cocktail lounge; nightclub; roadside stand; takeout prepared food establishment; industrial feeding establishment; catering kitchen; commissary; grocery store; public food market; food stand; or similar place in which food or drink is prepared for sale or for service on the premises or elsewhere; and any other establishment or operation, including homes, where food is processed, prepared, stored, served, or provided for the public for charge.

Q. “Reusable” means an item subject to this chapter 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.

R. “Single-use” means a product that is designed to be used once and discarded, and/or is not reusable as defined herein.

S. “TÜV Austria” means the corporation that certifies categories of compostable products including the certification of “OK Compost HOME” which classifies products as being able to be composted at ambient temperatures and with a natural microbial community (e.g., in a home compost environment).

T. “Utensil” means a product designed to be used by a consumer to facilitate the consumption of food or beverages, including knives, forks, spoons, cocktail picks, chopsticks, splash sticks, and stirrers. “Utensil” does not include plates, bowls, cups, bottles, and other products used to contain food or beverages. (Ord. 2023-30 § 1 (Exh. A), 2023; Ord. 2023-24 § 1 (Exh. A), 2023; Ord. 2022-21 § 1, 2022; Ord. 2021-34 § 3, 2021; Ord. 2021-18 § 2, 2021)

A. No retail food establishment licensed to do business or required to be licensed within the city shall use expanded polystyrene-based food service ware at any time when providing prepared food.

B. Except as otherwise provided in BIMC 8.24.015, retail food establishments licensed to do business or required to be licensed within the city shall only use home compostable disposable food service ware when providing prepared food, when such food service ware has been identified as reasonably available, cost effective and functional by the city. The city manager or their designee shall establish a list of home compostable disposable food service ware items that are required to be provided. In establishing the list, the city manager or their designee shall consider availability, cost, and performance in addition to the standards otherwise provided in this section. This list shall be presented to city council for review and adoption at least once a year. The city council may direct the city manager to amend the list from time-to-time as new items become available or are discontinued. The executive department shall post the list on the city’s website and the city manager or their designee shall engage in outreach efforts to advise retail food establishments of any amendments to the list. Retail food establishments shall, at a minimum, provide the home compostable disposable food service ware items on the list, but may provide additional home compostable disposable food service ware items as long as those items otherwise meet the standards of this section. Until the first home compostable food service ware list is established as provided in this subsection, retail food establishments shall use home compostable disposable food service ware that otherwise meets the requirements of this chapter when providing prepared food except as otherwise provided in BIMC 8.24.015.

C. All home compostable disposable food service ware items shall be free of all intentionally added fluorinated chemicals.

D. Except as otherwise provided in BIMC 8.24.015, all disposable food service ware items shall be:

1. OK Compost HOME certified by TÜV Austria; and/or

2. Biodegradable Product Institute (“BPI”) certified to be compostable in an industrial composting facility in a timely manner; and/or

3. Eligible to be accepted for recycling by the primary recycling collection hauler offering service to Bainbridge Island residents or businesses, if such service is available.

E. Retail food establishments are encouraged to incentivize customers to bring their own reusable cups. Customers may provide their own reusable cups for beverage service in accordance with the Retail Food Code, WAC 246-215-03348. These reusable cups must be clean, sturdy, and appropriately insulated if ordering hot beverages such that they can be held in the customer’s bare hand if intended to be used for hot liquids. Retail food establishments may refuse to use, at their sole discretion, any customer-provided cup that is cracked, chipped, or corroded, appears inappropriate in size, material, or condition for the intended beverage, or that appears to be soiled or unsanitary, and instead require use of a reusable cup provided by the establishment for any beverage consumed on the premises, or an establishment-provided disposable cup that conforms to the standards of this chapter. (Ord. 2023-30 § 1 (Exh. A), 2023; Ord. 2023-24 § 1 (Exh. A), 2023; Ord. 2022-21 § 2, 2022; Ord. 2021-34 § 4, 2021; Ord. 2021-18 § 3, 2021)

A. Prepackaged food is exempt from the provisions of this chapter.

B. The use of metal foil and metal foil-faced papers used to wrap hot food such as hamburgers and burritos is exempt from the provisions of this chapter.

C. Nothing in this chapter shall prevent a retail food establishment from making reasonable accommodations for individuals with disabilities or be construed to conflict with the Americans with Disabilities Act or any other applicable law concerning the rights of individuals with disabilities. In particular, nothing in this chapter shall restrict, or be construed to restrict, the provision by retail food establishments or health care facilities of disposable noncompostable straws to individuals who may request the use of disposable noncompostable straws to accommodate medical needs or disabilities. In the case of health care facilities, straws may be distributed without patient request on a case-by-case basis at the discretion of the healthcare facility staff based on the physical or medical needs of the patient. (Ord. 2023-30 § 1 (Exh. A), 2023; Ord. 2023-24 § 1 (Exh. A), 2023; Ord. 2021-34 § 5, 2021; Ord. 2021-18 § 4, 2021)

(Ord. 2023-30 § 1 (Exh. A), 2023; Ord. 2023-24 § 1 (Exh. A), 2023; Ord. 2021-18 § 5, 2021; Ord. 89-03 § 2, 1989)

A. Except as provided in subsection B of this section, a retail food establishment may provide the following single-use food service ware only after affirming that the customer wants the item or items:

1. Utensils;

2. Straws;

3. Condiment in packaging; and/or

4. Beverage cup lids.

B. A retail food establishment may provide beverage cup lids without the customer’s affirmation for:

1. Hot beverages; or

2. Beverages provided through delivery service, drive-through, or curbside pickup. (Ord. 2023-30 § 1 (Exh. A), 2023; Ord. 2023-24 § 1 (Exh. A), 2023; Ord. 2021-34 § 6, 2021; Ord. 2021-18 § 6, 2021)

A. Reusable food service ware, including utensils, are required at all retail food establishments with on-premises dining for any meal to be eaten on the premises. Home compostable straws shall be allowed upon request for dining on the premises. Condiments, such as sauces, ketchup, or mustard, provided for on-site consumption, shall not be served 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 relation to another food service business. This requirement does not prohibit a retail food service business from providing, upon a customer’s request, disposable food service ware compliant with BIMC 8.24.010 for the customer to take away leftover food after dining on the premises.

C. Customers must be asked whether they will consume the food or beverage they have ordered at the premises, or whether the order will be taken away as a takeout order. In the case of self-service facilities (e.g., food or salad bar), this requirement shall be satisfied by the provision of reusable and disposable options for customer self-selection, with reusable options clearly marked to encourage use for on-premises dining.

D. Waivers. Retail food establishments with on-premises dining that do not have on-site or off-site dish washing capacity may petition the city manager or their designee for a full or partial one-year waiver. To obtain a waiver, the food service business shall demonstrate inability to comply due to insurmountable space constraints, undue financial hardship, and/or other extraordinary circumstances. Food service ware used for on-premises dining pursuant to a waiver obtained under this section shall comply with all requirements set forth elsewhere in this chapter. Granting of a waiver is at the sole discretion of the city manager or their designee, and is not subject to appeal. Waivers may be renewed by submitting a new petition to the city manager or their designee. (Ord. 2023-30 § 1 (Exh. A), 2023; Ord. 2023-24 § 1 (Exh. A), 2023; Ord. 2021-34 § 7, 2021)

No single-use personal care products shall be distributed in lodging establishments unless they are packaged in home compostable packaging. Lodging establishments are encouraged to use refillable personal care product dispensers. (Ord. 2023-30 § 1 (Exh. A), 2023; Ord. 2023-24 § 1 (Exh. A), 2023; Ord. 2021-34 § 8, 2021)

A. The city manager is charged with the enforcement of this chapter and shall be authorized from time to time to adopt reasonable rules and regulations for its implementation, which shall be consistent with these provisions.

B. The city manager may suspend all or any portion of the requirements of this chapter temporarily if extraordinary circumstances make compliance impossible or impractical. Such circumstances may include, but are not limited to, interruptions in the supply chain that make any of the compostable products identified in this chapter impossible, impractical, or cost-prohibitive to obtain, as the result of fire, flood, earthquake, elements of nature or acts of God, war, terrorism, riots, civil disorder, work stoppages, strikes, or any other similar cause beyond the reasonable control of the businesses subject to this chapter. (Ord. 2023-30 § 1 (Exh. A), 2023; Ord. 2023-24 § 1 (Exh. A), 2023; Ord. 2009-21 § 30, 2009: Ord. 89-03 § 4, 1989)

A. Prior to imposing penalties or taking other enforcement action as set forth in subsection B of this section, the city shall attempt to provide written notice to any establishment in violation of this chapter. The notice shall include a description of the item sold or provided by the retail establishment in violation of the requirements of this chapter, the text of the specific code provision(s) that apply, and information on how to comply with the provision(s). The notice shall be provided to the retail establishment by personal service or certified mail, return receipt requested. Such notice is not a formal enforcement action, is not subject to appeal, and is a public record.

B. Any person violating any of the provisions of this chapter shall be deemed to have committed a civil infraction and, upon such a finding, shall be punishable by a fine not to exceed $250.00 per day for the first 20 days that the violation exists and $500.00 per day for each day thereafter. Each such violation committed or permitted to continue by the violator shall constitute a separate offense and shall be punishable as such under this section. Each day that an establishment violates any of the provisions of this chapter shall constitute a single, separate violation. (Ord. 2023-30 § 1 (Exh. A), 2023; Ord. 2023-24 § 1 (Exh. A), 2023; Ord. 2021-18 § 9, 2021; Ord. 89-03 § 6, 1989)

As necessary, the city manager, or their designee, and pursuant to BIMC 8.24.040, shall provide, or contract for the provision of, education and outreach activities to inform retail establishments, consumers, and other interested individuals about the requirements of this chapter. Education and outreach will be designed to effectively convey the policies underlying this chapter, describe the actions necessary to gain compliance with its provisions, and minimize the need for formal enforcement action. The city will emphasize education and outreach rather than enforcement to achieve compliance with the requirements of this chapter. (Ord. 2023-30 § 1 (Exh. A), 2023; Ord. 2023-24 § 1 (Exh. A), 2023; Ord. 2021-34 § 9, 2021; Ord. 2021-18 § 10, 2021)