§ 8.24.080. Exemptions.

A.

Prepared foods that are prepared or packaged outside the City of El Cerrito as well as prepared foods prepared and packaged in the City of El Cerrito for use outside of the City of El Cerrito are exempt from the provisions of this chapter. Purveyors of food prepared or packaged outside the City of El Cerrito are encouraged to follow the provisions of this chapter.

B.

Food providers may be exempted from the provisions of this chapter for specific items or types of disposable foodware if the city manager or his/her designee finds that a suitable compostable, reusable or recyclable alternative does not exist for a specific application and/or that imposing the requirements of this chapter on that item or type of disposable foodware would cause undue hardship.

C.

Any food provider or city facility may seek an exemption from the requirements of this chapter by filing a request in writing with the city manager. The city manager may waive any specific requirement of this chapter for a period of not more than one year if the food provider or city facility seeking the exemption has demonstrated that strict application of the specific requirement would cause undue hardship.

D.

A food provider or city facility granted an exemption must reapply prior to the end of the one year exemption period and demonstrate continued undue hardship if the food provider or city facility wishes to have the exemption extended. The city manager's decision to grant or deny an exemption or to grant or deny an extension of a previously issued exemption shall be in writing and shall be final.

E.

Expanded polystyrene coolers and ice chests that are intended for reuse are exempt from the provisions of this chapter.

F.

In a situation deemed by the city manager or his/her designee to be an emergency, or in the event that a local emergency or disaster has been declared in effect, for the immediate preservation of the public peace, health or safety, city facilities, food providers, city franchisees, contractors, vendors and caterers doing business with the city shall be exempt from the provisions of this chapter.

(Ord. No. 2013-04, § 2, 9-17-2013)