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 Bullock
A Bill Entitled
An Ordinance concerning
title
Food Service Facilities - Polystyrene Foam Products
For the purpose of prohibiting food service facilities from using disposable food service ware made from polystyrene foam; defining certain terms; imposing certain penalties; providing for a special effective date; and generally relating to the use of polystyrene foam products for food service purposes.
body
By adding
Article - Health
Section 6-508
Baltimore City Revised Code
(Edition 2000)
By repealing and reordaining, without amendments
Article - Health
Sections 6-801 and 6-802
Baltimore City Revised Code
(Edition 2000)
By repealing and reordaining, with amendments
Article 1 - Mayor, City Council, and Municipal Agencies
Section 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 5. Miscellaneous Regulations
§ 6-508. Polystyrene foam products.
(a) Definitions.
(1) In general.
In this section, the following terms have the meanings indicated.
(2) Disposable food service ware.
(i) In general.
“Disposable food service ware” means cups, plates, dishes, bowls, trays, clamshell containers, take-away containers, or similar items used for serving food or for transporting small amounts of prepared food.
(ii) Exclusion.
“Disposable food service ware” does not include coolers.
(3) Polystyrene foam.
“Polystyrene foam” means blown polystyrene and expanded and extruded foams (sometimes called StyrofoamÔ) that are thermoplastic petrochemical materials utilizing a styrene monomer and processed by any number of techniques, including fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding, and extrusion-blown molding (extruded foam polystyrene).
(b) Prohibited use.
No food service facility may use any disposable food service ware that is made from polystyrene foam.
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.
Baltimore City Code
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
§ 6-508. Polystyrene foam products $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.