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3/9/2020 Minneapolis, MN Code of Ordinances Attachment D
<br />204.10. - Legislative purpose.
<br />The city council finds that discarded packaging from foods and beverages prepared for immediate consumption constitutes a significant and growing
<br />portion of the waste in Minneapolis' waste stream. Regulation of food and beverage packaging, therefore, is a necessary part of any effort to encourage a
<br />recyclable and cc mpostable waste stream, thereby reducing the disposal of solid waste and the economic and environmental costs of waste
<br />management for the citizens of Minneapolis and others working or doing business in Minneapolis.
<br />The council further finds that plastic packaging is rapidly replacing other packaging material, and that some plastic packaging used for foods and
<br />beverages is nonreusable, nonreturnable, nonrecyclable and noncompostable.
<br />The council also finds that the two (2) main processes used to dispose of discarded non reusable, nonreturnable, non recyclable and noncom postable
<br />plastic food and beverage packaging are land filling and incineration, both of which should be minimized for environmental reasons.
<br />The council therefore finds that the minimization of non reusable, nonreturnable, non recyclable and noncom postable food and beverage packaging
<br />originating at retail food establishments and at events providing food and/or beverages within the city of Minneapolis is necessary and desirable in order
<br />to minimize the city's waste stream, so as to reduce the volume of landfilled waste, to minimize toxic by-products of incineration, and to make our city
<br />and neighboring communities more environmentally sound places to live. (89-Or-060, § 1, 3-31-89; 96-Or-059, § 1, 6-28-96; 2014-Or-023, § 1, 5-23-14)
<br />204.20. - Definitions.
<br />As used in this chapter, the following terms and phrases shall have the meanings as defined in this section:
<br />(a) Packagingshall mean and include food or beverage cans, bottles or containers used to package food and beverage products for
<br />distribution including glasses, cups, plates, serving trays, and to -go containers; but shall specifically exclude foods pre -packaged by
<br />the manufacturer, producer or distributor; plastic knives, forks and spoons sold or intended for use as utensils; and plastic films less
<br />than ten (10) mils in thickness.
<br />(b) Environmentallyacceptable packagingshall mean and include any of the following:
<br />(1) Reusable and returnable packaging.' Food or beverage containers or packages, such as, but not limited to, water bottles,
<br />growlers, milk containers and bulk product packaging that are capable of being refilled at a retail location or returned to the
<br />distributor for reuse at least once as a container for the same food or beverage;
<br />(2) Recyclable packaging.' Packaging that is separable from solid waste by the generator or during collection for the purpose of
<br />recycling including glass bottles, aluminum cans and plastic food and beverage packaging that have robust recycling markets.
<br />For the purposes of this chapter, environmentally preferable plastic packaging includes the following plastic types:
<br />a. Polyethylene Terephthalate(#1 PETor PETE);
<br />L. High Density Polyethylene (#2 HDPE); and
<br />c. Polypropylene (#5 PP).
<br />(3) Compostable packaging.' Packaging that is separable from solid waste by the generator or during collection for the purpose of
<br />composting. Compostable packaging must be made of paper, certified compostable plastics that meet ASTM D6400 or ASTM
<br />D6868 for compostability or other cellulose -based packaging capable of being decomposed through composting or anaerobic
<br />digestion.
<br />(c) Food establishment, as used in this chapter, means a "food establishment" as defined in section 186.50 of the Minneapolis Code of
<br />Ordinances. (89-Or-060, § 1, 3-31-89; 90-Or-067, § 1, 2-23-90; 96-Or-059, § 2, 6-28-96; 2013-Or-145, § 1, 12-6-13; 2014-Or-023, § 2, 5-
<br />23-14)
<br />204.30. - Prohibitions and duties.
<br />(a) No person owning, operating or conducting a food establishment or any person or organization providing free food or beverage products within the
<br />city of Minneapolis pursuant to a permit or license, or in a manner which would require a permit or license, shall do or allow to be done any of the
<br />following within the city: Sell or convey at retail or possess with the intent to sell or convey at retail any food or beverage intended for immediate
<br />consumption contained, at any time at or before the time or point of sale, in packaging which is not environmentally acceptable packaging. The presence
<br />on the premises of the food establishment of packaging which is not environmentally acceptable packaging shall constitute a rebuttable presumption of
<br />intent to sell or convey at retail, or to provide to retail customers packaging which is not environmentally acceptable packaging; provided, however, that
<br />this subparagraph shall not apply to manufacturers, brokers or warehouse operators, who conduct or transact no retail food or beverage business.
<br />(b) Packaging used to contain food or beverages intended for immediate consumption shall be considered environmentally acceptable
<br />packaging only when the food establishment provides consumers with an opportunity to recycle and/or appropriately manage
<br />compostable plastics and utilizes a qualified recycling and/or organics management system. At public events and markets, such as farmers
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