Ordinance No. 2023-30 Disposable Food Service Ware (Approved 121223){JEH2813943.DOCX;1/13023.130005/ }1
ORDINANCE NO. 2023-30
AN ORDINANCE of the City of Bainbridge Island, Washington, amending
Chapter 8.24 of the Bainbridge Island Municipal Code, establishing regulations for
disposable food service ware and waste reduction.
WHEREAS, the City Council adopted Ordinance No. 2023-24 on September 12, 2023
amending Chapter 8.24 of the Bainbridge Island Municipal Code (BIMC); and
WHEREAS, Ordinance No. 2023-24 included a reference to engineered composite
papers in BIMC 8.24.015.B; and
WHEREAS, engineered composite papers refers to food contact paper/wax paper, for
which there are numerous options commercially available in a home compostable form; and
WHEREAS, BIMC 8.24.005.G notes that any food service ware item that is OK
Compost HOME certified by TÜV Austria will be presumed to satisfy the definition of home
compostable; and
WHEREAS, Ordinance No. 2023-24 omitted reference to OK Compost HOME certified
products in BIMC 8.24.010.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE
ISLAND, WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. Amendment. Chapter 8.24 of the Bainbridge Island Municipal Code is hereby
amended to read as shown in Exhibit A, which is fully incorporated herein to this ordinance by
this reference.
Section 2. Severability. Should any section, paragraph, sentence, clause, or phrase of this
ordinance, or its application to any person or circumstance, be declared unconstitutional or
otherwise invalid for any reason, or should any portion of this ordinance be preempted by state
or federal law or regulation, such decision or preemption shall not affect the validity of the
remaining portions of this ordinance or its application to other persons or circumstances.
Section 3. Effective Date. This ordinance shall take effect and be in full force five (5)
days from its passage and publication as required by law.
PASSED BY THE CITY COUNCIL this 12th day of December, 2023.
APPROVED BY THE MAYOR this 12th day of December, 2023.
Brenda Fantroy-Johnson, Mayor
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ATTEST/AUTHENTICATED:
Christine Brown, MMC, City Clerk
FILED WITH THE CITY CLERK: November 22, 2023
PASSED BY THE CITY COUNCIL: December 12, 2023
PUBLISHED: December 22, 2023
EFFECTIVE DATE: December 27, 2023
ORDINANCE NO. 2023-30
ATTACHED: Exhibit A
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Chapter 8.24
DISPOSABLE FOOD SERVICE WARE AND WASTE REDUCTION
Sections:
8.24.005 Definitions.
8.24.010 Standards for disposable food service ware.
8.24.015 Exemptions.
8.24.020 Reserved.
8.24.025 Disposable food service ware requiring customer’s affirmation.
8.24.030 Requiring reusable food service ware for on-premises dining.
8.24.035 Restricting certain types of single-use personal products in lodging
establishments.
8.24.040 Rules and regulations.
8.24.050 Penalties.
8.24.060 Education and outreach.
8.24.005 Definitions.
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.
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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).
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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
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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.
8.24.010 Standards for disposable food service ware.
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
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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.
EF. 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.
8.24.015 Exemptions.
A. Prepackaged food is exempt from the provisions of this chapter.
B. The use of metal foil, and metal foil-faced papers and engineered composite papers used to
wrap hot food such as hamburgers and burritos is exempt from the provisions of this chapter.
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B. 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.
8.24.020 Reserved.
(Ord. 2021-18 § 5, 2021; Ord. 89-03 § 2, 1989)
8.24.025 Disposable food service ware requiring customer’s affirmation.
A. Except as provided in subsection B, 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.
8.24.030 Requiring reusable food service ware for on-premises dining.
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.
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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.
8.24.035 Restricting certain types of single-use personal products in lodging establishments.
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.
8.24.040 Rules and regulations.
A. The city manager is charged with the enforcement of this chapter 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,
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war, terrorism, riots, civil disorder, work stoppages, strikes, or any other similar cause beyond
the reasonable control of the businesses subject to this chapter.
8.24.050 Penalties.
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.
8.24.060 Education and outreach.
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.