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)