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Legislation #: 900776 Introduction Date: 12/6/1990
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER WEBER AND COUNCILMEMBER SHIELDS
Title: Amending Chapter 15 of the Code of General Ordinances, entitled "Food and Food Products" by enacting within Article III therein a new Section 15.40 entitled "Environmentally Acceptable Packaging" requiring food and beverages sold or served on or in City-leased or owned property and facilities to be packaged only in environmentally acceptable packaging, defining such packaging and providing for penalties for violations.

Legislation History
DateMinutesDescription
12/6/1990

Prepare to Introduce

12/6/1990

Referred Finance Committee

12/12/1990

Referred To Department Waste Minimization Committee

7/15/1998

Released


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ORDINANCE NO. 900776

 

Amending Chapter 15 of the Code of General Ordinances, entitled "Food and Food Products" by enacting within Article III therein a new Section 15.40 entitled "Environmentally Acceptable Packaging" requiring food and beverages sold or served on or in City-leased or owned property and facilities to be packaged only in environmentally acceptable packaging, defining such packaging and providing for penalties for violations.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That Chapter 15 of the Code of General Ordinances of Kansas City, Missouri, entitled "Food and Food Products" is hereby amended by enacting within Article III therein a new Section 15.40 entitled "Environmentally Acceptable Packaging", said Section to read as follows:

 

Sec. 15.40 Environmentally Acceptable Packaging.

 

(a) As used in this Section, the following terms and phrases shall have the following meanings:

 

(1) "Packaging" shall mean and include all food-related

wrappings, adhesives, cords, bindings, strings, tapes, ribbons, bags, boxes, coverings and containers; and shall further include cups, glasses and similar containers for drinking out of or for holding liquids, and plates and serving trays, but shall specifically exclude plastic knives, forks and spoons sold or intended for use as utensils.

 

(2) "Environmentally acceptable packaging" shall mean

and include any of the following:

 

(i) DEGRADABLE PACKAGING: Paper or other

cellulose-based packaging capable of being decomposed by

natural biological or biochemical processes;

 

(ii) RETURNABLE PACKAGING: Food or beverage

containers or packages, such as, but not limited to, soft

drink bottles and milk containers that are capable of

being returned to the distributor, such as but not

limited to, dairies and soft drink bottlers, for reuse as

the same food or beverage container used at least once;

 

(iii) RECYCLABLE PACKAGING: Packaging made of

materials that are separable from solid waste by the

generator or during collection and are currently

collected for recycling in an organized fashion in a

permanent, on-going program approved by the Director of

Health or his designee operating within the City.

Packaging made of either polyethylene terepthalate

(P.E.T.) or high density polyethylene (H.D.P.E.) shall be

considered to be recyclable if and when it is collected

for recycling in a program as herein described.

 

(b) No person owning, operating or conducting a food establishment as defined in Chapter 15 of the Code of General Ordinances of Kansas City, Missouri, on or in any property or facility leased or owned by the City shall do or allow to be done any of the following: Sell or convey at retail or possess with the intent to sell or convey at retail or otherwise serve any food or beverage that is placed, wrapped or packaged, at any time at or before the time or point of sale, in or on packaging which is not environmentally acceptable packaging. The presence on the premises of the food service establishment of packaging which is not environmentally acceptable packaging shall constitute a rebuttable presumption of intent to sell or convey at retail, or to provide to retail customers packaging which is not environmentally acceptable packaging.

 

(c) The Director of Health or his designee may, upon notice and hearing, promulgate such rules and regulations as may be necessary to carry out the purposes of this Section and protect the health of the public, including the development of exemptions under Paragraph (d) herein for packaging for which there is no commercially available alternative and for flexible packaging.

 

(d) This Section shall not apply to:

 

(1) Any flexible packaging of 10 mils or less in

thickness unless disapproved by the Director pursuant to rules promulgated under Paragraph (c) above;

 

(2) Any paper, cellophane or other cellulose-based

packaging that is coated with plastic;

 

(3) Any packaging which is not environmentally

acceptable, but for which there is no commercially available alternative as determined by the Director by rule promulgated pursuant to Paragraph (c). In determining whether there are commercially available alternatives the Director shall consider the following: (1) the availability of environmentally acceptable packaging for affected products; (2) the economic consequences to manufacturers, suppliers, retailers and other vendors of requiring environmentally acceptable packaging when available; and (3) the competitive effects on manufacturers, suppliers, retailers and other vendors involved in the sale of product brands or labels available only in packaging that is not environmentally acceptable packaging. Every rule creating an exemption under this paragraph shall be reviewed annually by the Director to determine whether current conditions continue to warrant the exemption.

 

 

(e) A violation of this Section shall be sufficient grounds for the revocation, suspension, denial or non-renewal of any license or permit for the food establishment at which the violation occurs.

 

(f) Each violation of any provision of this Section or of lawful regulations promulgated pursuant thereto shall be punishable by a fine not to exceed One Hundred Dollars ($100.00). Each day on which a violation occurs shall constitute a separate violation.

 

___________________________________________________________

 

Approved as to form and legality:

 

 

 

_________________________________

Assistant City Attorney