Single Use Plastic Reduction

San Diego Municipal Code ch. 6, art. 6, div. 9

in effect

San Diego Municipal Code § 66.0901 Definitions

§66.0901 Definitions For purposes of this Division, the following definitions apply. Words defined in this Division appear in text in italics. City facility means any building, structure, park, beach, or vehicle owned or operated by the City of San Diego. Director means the Director of the Environmental Services Department or successor department, or designee. Distribute means to provide or offer to provide an item, either as a separate transaction or as part of a transaction for another item, regardless of whether compensation is received. Egg carton means a container commonly used to package eggs sold to retail consumers. Food service ware means containers, bowls, plates, trays, cups, lids, and other similar items that are designed for one-time use for prepared food, including containers for takeout food or leftovers. Food service ware does not include polystyrene foam coolers and ice chests. Food tray means a tray commonly used for packaging food sold to retail consumers. Food vendor means any retail establishment that sells prepared food for consumption, including from a temporary facility, cart, vehicle, or mobile unit. Polystyrene foam means blown polystyrene and expanded and extruded foams, also known by the trademarked name Styrofoam, which are thermoplastic petrochemical materials utilizing a styrene monomer and processed by any number of techniques including, without limitation, fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding, and extrusion-blown molding (extruded foam polystyrene). Prepared food means food or beverages, which are serviced, packaged, cooked, chopped, sliced, mixed, brewed, frozen, squeezed, or otherwise prepared within the City of San Diego for individual consumers. Prepared food includes takeout food, but does not include raw eggs or raw, butchered meats, fish, or poultry. Recyclable has the same meaning as in Municipal Code section 66.0102. Utensil means a straw, fork, spoon, or knife made predominately of plastic derived from either petroleum or a biologically based polymer, such as corn or other plant sources. Items made from non-plastic materials, including paper, pasta, sugar cane, wood, or bamboo, are not utensils. (“Definitions” added 12-8-2022 by O-21588 N.S.; effective 4-1-2023.)

San Diego Municipal Code § 66.0902 Distribution of Polystyrene Foam Prohibited

§66.0902 Distribution of Polystyrene Foam Prohibited (a) No person may distribute egg cartons, food service ware, or food trays made, in whole or in part, from polystyrene foam. (b) No person may distribute the following items made, in whole or in part, from polystyrene foam that is not wholly encapsulated or encased within a non-polystyrene foam material: (1) coolers, ice chests, or similar containers; (2) pool or beach toys; or (3) dock floats, mooring buoys, or anchor or navigation markers. (“Distribution of Polystyrene Foam Prohibited” added 12-8-2022 by O-21588 N.S.; effective 4-1-2023.)

San Diego Municipal Code § 66.0903 Use of Non-Compliant Polystyrene Foam Prohibited

§66.0903 Use of Non-Compliant Polystyrene Foam Prohibited No person shall use the products prohibited from distribution in section 66.0902 in or at City facilities. (“Use of Non-Compliant Polystyrene Foam Prohibited” added 12-8-2022 by O-21588 N.S.; effective 4-1-2023.)

San Diego Municipal Code § 66.0904 Exception from Prohibitions

§66.0904 Exception from Prohibitions It shall not be a violation of section 66.0902(a) to distribute prepared food packaged in food service ware or use food trays made, in whole or in part, from polystyrene foam, if the prepared food is packaged outside the City and is provided to the consumer as originally packaged. (“Exception from Prohibitions” added 12-8-2022 by O-21588 N.S.; effective 4-1-2023.)

San Diego Municipal Code § 66.0905 Utensils Restricted

§66.0905 Utensils Restricted (a) A food vendor may only distribute utensils for takeout orders of prepared food upon the request of the person ordering the prepared food. (b) A food vendor may only distribute straws, as defined as a utensil, upon request of the person ordering the prepared food. (“Utensils Restricted” added 12-8-2022 by O-21588 N.S.; effective 4-1-2023.)

San Diego Municipal Code § 66.0906 Implementation

§66.0906 Implementation (a) The Director shall, within 30 days after January 4, 2023, publish on the City’s website and distribute to interested parties who have requested notice, information regarding acceptable alternative food service ware and food tray products that are not prohibited by section 66.0902(a). The person using a product as food service ware or a food tray will have the burden of establishing that the product complies with section 66.0902(a). (b) The Director shall maintain and update the published information referenced in section 66.0906(a), as may be appropriate. (c) An applicant may seek a waiver or a renewal of a waiver in accordance with this section by submitting a written application on a form approved by the Director. Applications for renewals must be submitted no later than 60 days prior to the expiration of the previous waiver. The Director may require the applicant to submit additional information or documentation before making a determination regarding the waiver. (d) The Director may waive the provisions of section 66.0902(a) regarding food service ware and food trays in accordance with the following: (1) Feasibility-based hardship. The applicant seeking the waiver must demonstrate to the Director’s satisfaction that no reasonably feasible alternative exists to a specific non-compliant material. (2) Financial hardship. An applicant may seek a financial hardship waiver. The applicant seeking the waiver must demonstrate to the Director’s satisfaction that the following criteria are met: (A) The applicant has a gross income of less than $500,000 on the applicant’s annual Federal income tax filing for the most recent tax year, however, a waiver sought on behalf of an entity must be based on the entity’s income, and (B) With respect to each specific non-compliant product, there is no suitable and reasonably affordable alternative product available. (3) Contractual requirement. The applicant seeking a waiver based on an existing contractual requirement must demonstrate to the Director’s satisfaction that a contract to purchase a non-compliant material was entered into within one year prior to April 1, 2023, in which case the Director may waive the requirements of section 66.0902 for one year, until April 1, 2024. (e) The Director may grant feasibility-based or financial hardship waivers in whole or in part, with or without conditions, for up to 24 months if the applicant or City official seeking the waiver has demonstrated to the Director’s satisfaction that strict application of the specific requirement would create a continued feasibility-based or financial hardship pursuant to section 66.0906(d)(1) or (2) or there are special circumstances or conditions that are peculiar to the applicant and these circumstances or conditions are not the result of any act of the applicant’s after April 1, 2023 and the waiver is the minimum relief necessary to address the special circumstances or conditions. The Director shall base his or her determination on the most current information available. The Director may grant renewals for up to 24 months, based on the same criteria. Subsequent renewals for up to 24 months, based on the same criteria, may be applied for and granted. (f) The Director’s determination regarding a waiver or a renewal of a waiver shall be final and shall not be subject to appeal. (“Implementation” added 12-8-2022 by O-21588 N.S.; effective 4-1-2023.)

San Diego Municipal Code § 66.0907 Enforcement and Penalties

§66.0907 Enforcement and Penalties The Director shall issue a written warning to any person he or she determines is violating this Division as a first offense. If, after issuing a written warning of violation, the person continues to violate the same provision of this Division, the City may impose the other enforcement remedies set forth in San Diego Municipal Code Chapter 1. (“Enforcement and Penalties” added 12-8-2022 by O-21588 N.S.; effective 4-1-2023.)

Source: City of San Diego Office of the City Clerk, San Diego Municipal Code and City Charter (docs.sandiego.gov PDFs)URL: https://docs.sandiego.gov/municode/MuniCodeChapter06/Ch06Art06Division09.pdf#page=1Fetched: 10/28/2026