§ 8.07.020. Definitions.

As used in this Chapter:

"Affordable" means purchasable by the food vendor for same or less purchase cost than the non-biodegradable, non-polystyrene foam alternative.

"ASTM Standard" means meeting the standards of the American Society for Testing and Materials (ASTM) International Standards D6400 or D6868 for biodegradable and compostable plastics.

"Biodegradable" means the entire product or package will completely break down and return to nature, i.e., decompose into elements found in nature within a reasonably short period of time after customary disposal.

"Compostable" means all materials in the product or package will break down into, or otherwise become part of, usable compost (e.g., soil-conditioning material, mulch) in a safe and timely manner in an appropriate composting program or facility, or in a home compost pile or device. Compostable disposable food service ware includes ASTM standard bioplastics (plastic-like products) that are clearly labeled, preferably with a color symbol, such that any compost collector and processor can easily distinguish the ASTM standard compostable plastic from non-ASTM standard compostable plastic.

"City Facilities" means any building, structure or vehicles owned or operated by the city of Oakland, its agent, agencies, departments and franchisees.

"Customer" means any person obtaining prepared food from a restaurant or retail food vendor.

"Dine-in Customer" means a customer that orders and consumes prepared food on a restaurant's premises.

"Disposable Food Service Ware" means all containers, bowls, plates, trays, cartons, cups, lids, straws, forks, spoons, knives and other items that are designed for one-time use and on, or in, which any restaurant or retail food vendor directly places or packages prepared foods or which are used to consume foods. This includes, but is not limited to, service ware for takeout foods and/or leftovers from partially consumed meals prepared at restaurants or retail food vendors.

"Food Vendor" means any restaurant or retail food vendor located or operating within the city of Oakland.

"Polystyrene Foam" means and includes blown polystyrene and expanded and extruded foams (sometimes called Styrofoam, a Dow Chemical Co. trademarked form of polystyrene foam insulation) 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-blow molding (extruded foam polystyrene). Polystyrene foam is generally used to make cups, bowls, plates, trays, clamshell containers, meat trays and egg cartons.

"Prepared Food" means food or beverages, which are served, packaged, cooked, chopped, sliced, mixed, brewed, frozen, squeezed or otherwise prepared on the food vendor' s premises or within the city of Oakland. For the purposes of this Chapter, "prepared food" does not include raw, butchered meats, fish and/or poultry sold from a butcher case or similar retail appliance. Prepared food may be eaten either on or off the premises, also known as "takeout food".

"Restaurant" means any establishment located within the city of Oakland that sells prepared food for consumption on, near, or off its premises by customers. "Restaurant," for purposes of this Chapter, includes itinerant restaurants, pushcarts and vehicular food vendors as those terms are defined in Chapters 5.49, 8.08, and 8.09 of the City of Oakland Municipal Code.

"Retail Food Vendor" means any store, shop, sales outlet, or other establishment, including a grocery store or a delicatessen, other than a restaurant, located within the city of Oakland that sells prepared food.

"Single Use Beverage Straw" means a hollow tube for sucking up a beverage from a container that is designed to be used one (1) time in its same form by a customer.

"Take Out Food Order" means prepared meals or other food or beverage items or prepared food that a customer purchases at a restaurant and consumes away from the premises.

(Ord. No. 13488, § 4, 5-15-2018)