EXPLANATION: CAPITALS indicate matter added to existing law.
[Brackets] indicate matter deleted from existing law.
* WARNING: THIS IS AN UNOFFICIAL, INTRODUCTORY COPY OF THE BILL.
THE OFFICIAL COPY CONSIDERED BY THE CITY COUNCIL IS THE FIRST READER COPY.
INTRODUCTORY*
CITY OF BALTIMORE
COUNCIL BILL
Introduced by: Councilmember Kraft
A BILL ENTITLED
AN ORDINANCE concerning
Title
Food Establishments - Polystyrene Products
FOR the purpose of prohibiting food service establishments from using certain polystyrene products under certain circumstances; defining certain terms; and providing for a special effective date.
Body
BY repealing and reordaining, without amendments
Article - Health
Section(s) 6-101(c), 6-801, and 6-802
Baltimore City Revised Code
(Edition 2000)
BY adding
Article - Health
Section(s) 6-507
Baltimore City Revised Code
(Edition 2000)
BY repealing and reordaining, with amendments
Article 1 - Mayor, City Council, and Municipal Agencies
Section(s) 40-14(e)(7)(Title 6)
Baltimore City Code
(Edition 2000)
SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF BALTIMORE, That the Laws of Baltimore City read as follows:
Baltimore City Revised Code
Article - Health
Title 6. Food Service Facilities
Subtitle 1. Definitions; General Provisions
§ 6-101. Definitions.
(c) Food service facility.
(1) In general.
"Food service facility" means any place in which, with or without charge:
(i) food is prepared for sale or service on the premises or elsewhere; or
(ii) food is manufactured, processed, stored, packaged, handled, distributed, or sold.
(2) Exclusions.
"Food service facility" does not include any private residence in which food is prepared for consumption, without charge, by residents and their guests.
Subtitle 5. Miscellaneous Regulations
§ 6-507. POLYSTYRENE PRODUCTS PROHIBITED.
(A) "AFFORDABLE ALTERNATIVE" DEFINED.
IN THIS SECTION, "AFFORDABLE ALTERNATIVE" MEANS AN ALTERNATIVE ITEM THAT CAN BE PURCHASED FOR NOT MORE THAN 120% OF THE PURCHASE PRICE FOR THE ITEM MADE OF POLYSTYRENE.
(B) PROHIBITION.
NO FOOD SERVICE FACILITY MAY USE ANY CUP, PLATE, DISH, BOWL, CONTAINER, OR SIMILAR ITEM MADE FROM POLYSTYRENE UNLESS NO AFFORDABLE ALTERNATIVE EXISTS FOR THE ITEM.
(C) COMMISSIONER TO MAINTAIN LISTS.
THE HEALTH COMMISSIONER MUST ADOPT AND REGULARLY UPDATE A LIST OF AFFORDABLE ALTERNATIVES AVAILABLE FOR THE ITEMS PROHIBITED BY THIS SECTION.
Subtitle 8. Penalties
§ 6-801. Enforcement by citation.
(a) In general.
In addition to any other civil or criminal remedy or enforcement procedure, this title may be enforced by issuance of an environmental citation as authorized by City Code Article 1, Subtitle 40 {"Environmental Control Board"}.
(b) Process not exclusive.
The issuance of an environmental citation to enforce this title does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law.
§ 6-802. Penalties.
(a) In general.
Any person who violates any provision of this title or of a rule or regulation adopted under this title is guilty of a misdemeanor and, on conviction, is subject to the penalties specified in this section.
(b) Basic penalty: $1,000.
Except as specified in subsection (c) of this section, the penalty for a violation is a fine of not more than $1,000 for each offense.
(c) Operating without or in violation of license: $1,000 and 12 months.
(1) For operating a food service facility without a license or in violation of the terms of a license, the penalty is a fine of not more than $1,000 or imprisonment for not more than 12 months or both fine and imprisonment for each offense.
(2) Each day that a violation continues is a separate offense.
Article 1. Mayor, City Council, and Municipal Agencies
Subtitle 40. Environmental Control Board
§ 40-14. Violations to which subtitle applies.
(e) Provisions and penalties enumerated.
(7) Health Code
Title 6: Food Service Facilities
Subtitle 2: License Required
§ 6-201. In general $300
Subtitle 5: Miscellaneous Regulations
§ 6-506. Litter and rubbish prohibited $200
§ 6-507. POLYSTYRENE PRODUCTS PROHIBITED $200
All other provisions $100
SECTION 2. AND BE IT FURTHER ORDAINED, That the catchlines contained in this Ordinance are not law and may not be considered to have been enacted as a part of this or any prior Ordinance.
SECTION 3. AND BE IT FURTHER ORDAINED, That this Ordinance takes effect on the 90th day after the date it is enacted.
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