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SECTION 1. ADDITION OF CHAPTER 6.40. <br /> Chapter 6.40 hereby is added to the Millbrae Municipal Code to read as follows: <br /> Chapter 6.40 <br /> • <br /> SUSTAINABLE-FOOD SERVICE WARE ORDINANCE <br /> Sections: <br /> 6.40.010 Definitions <br /> 6.40.020 Prohibited Use. of Disposable Food Service Ware <br /> 6.40.030 Required Use of Biodegradable, Compostable, Reusable or Recyclable Food <br /> Service Ware <br /> 6.40.040 Exemptions <br /> 6.40.050 Regulations; Enforcement <br /> 6.40.060. Violations and Penalties <br /> 6.40.010 Definitions <br /> "ASTM Standard" means meeting the standards of the American Society for Testing and Materials <br /> (ASTM) International Standards D6400 or D6868 for biodegradable and compostable plastics, as <br /> those standards may be amended. D6400 is the specification for plastics designed for <br /> compostability in municipal or industrial aerobic composting facilities. D6868 is the specification <br /> for aerobic compostability of plastics used as coatings on a compostable substrate. <br /> "Biodegradable" means the entire product or package will completely degrade and return to nature, <br /> i.e., decompose into elements found in nature within a reasonably short period of time after <br /> customary disposal. <br /> • <br /> "City Facilities" means any building, structure or vehicles owned or operated by the City of <br /> Millbrae, its agent, agencies and departments. <br /> "Compostable" means all materials in the product or package will degrade into, or otherwise <br /> become part of, usable compost (e.g., soil - conditioning material, mulch) in a safe and timely • <br /> manner. Compostable disposable food service ware must meet ASTM - Standards for <br /> compostability and any bio- plastic or plastic -like product must be clearly labeled, preferably with a <br /> color symbol, such that any customer or processor can easily distinguish the ASTM Standard . • <br /> compostable plastic from non -ASTM Specification compostable plastic. <br /> "Customer" means any person obtaining prepared food from a food vendor. <br /> "Disposable Food Service Ware" means all containers, bowls, plates, trays, cartons, cups, lids, <br /> straws, forks, spoons, knives, and other items designed for one -time or non - durable uses on or in <br /> which.any food vendor directly places or packages prepared foods or which are used to consume <br /> foods. This includes, but is not limited to, service ware for takeout foods and/or leftovers from <br /> partially consumed meals prepared at food vendors. <br /> Page 3 of 7 <br /> 1355798.4 <br />