§ 2-601. Regulations governing the purchase of chlorofluorocarbon and rigid or flexible foam processed food packaging by city.

(a)

Definitions. As used in this section, the following words and terms shall have the following meanings:

CFC processed food packaging means food packaging which uses chlorofluorocarbons as blowing agents in its manufacture.

Chlorofluorocarbons (CFCs) means the family of substances containing carbon, fluorine and chlorine and having no hydrogen atoms and no double bonds.

Director means the director of purchasing of the city, or his designee.

Food means any article intended for use for food, drink, confection, or condiment, or any article which is used or integrated for use as a component of the food or otherwise affecting the component of the food.

Food packaging means all food related wrappings, boxes, containers, bowls, plates, trays, cartons, cups, lids or drinking utensils, on which or in which food is placed or packaged on the retail food establishment's premises, and which are not intended for reuse. Food packaging does not include forks, knives, straws or single-service condiment packages.

Retail food establishment means any food product and marketing establishment and any food preparation and service establishment.

Rigid or flexible foam containing or utilizing an ozone-depleting compound means any rigid or flexible foam, such as styrofoam or thermoplastic foam, building insulation, or any other rigid or flexible foam that either contains within a closed cell any ozone-depleting compound or that which was produced by using an ozone-depleting compound in any manner during the manufacturing process.

Supplier means anyone selling, or otherwise supplying packaging to a retail food establishment.

Wholesaler means anyone who acts as a wholesale merchant, broker, jobber or agent, who sells for resale.

(b)

City purchases. The city shall purchase no CFC and rigid or flexible foam processed food packaging, unless, the department purchasing the item or type of packaging makes a showing to the director that the item or type of packaging has no acceptable nonCFC and nonrigid or nonflexible foam processed equivalent.

(c)

Prohibition on use of chlorofluorocarbon and rigid or flexible foam processed food packaging. A list of retail food establishments located and doing business within the city which certify refusal to use CFC and rigid or flexible foam materials shall be kept by the city clerk's office and made available to the public upon request.

(d)

Conflict with other laws. By adopting this section the city does not intend to authorize any activity that federal or state law or regulation prohibits, to prohibit any activity that federal or state law or regulation authorizes, or to duplicate any federal or state law or regulation except to the extent allowed by law. This section shall be void upon the enactment or adoption of any state or federal law or regulation imposing limits on the use of CFCs in the manufacture of plastic foams.

(e)

Promoting purposes of legislation. The city council will promote the lobbying of business and retailers and the state legislature and United States Congress to stop the use of chlorofluorocarbons in the United States. The council will promote consultations with sister cities pursuing an end to use internationally of chlorofluorocarbons.

(Code 1971, § 2-205)