5-12-3: OPT-IN FOR FOOD SERVICEWARE AND CONDIMENTS PROVIDED BY RETAIL FOOD ESTABLISHMENTS OR THIRD-PARTY DELIVERY PLATFORMS:
A. Retail food establishments shall not provide single-use condiments and/or single-use food serviceware unless a customer requests them at the point of ordering whether online, by phone, or in person. The penalties established in section 5-12-11 shall be applicable only to retail food establishments but not individual employees.
B. Third-party delivery platforms shall not provide single-use condiments and/or single-use food serviceware unless a customer requests them.
C. This section shall not apply to:
1. Self-service stations inside retail food establishments or special events providing for single-use condiments and/or single-use food serviceware.
2. Prepackaged items that include single-use condiments and/or single-use food serviceware.
3. Meals provided as part of a social service to vulnerable populations, including without limitation, meals provided by school systems, homeless shelters and programs that deliver meals to the elderly.
4. Specific accessories used by third-party delivery platforms, including cup lids, spill plugs, and trays, in order to prevent spills and deliver food and beverages safely. (Ord. 12, Series 2023)