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3/9/2020
<br />Minneapolis, MN Code of Ordinances
<br />markets, the event food sponsor or market manager shall be responsible for providing a qualified recycling and/or organics management
<br />system for event and market vendors and consumers.
<br />(1) A qualified recycling system shall have the following elements:
<br />a. A clear and verifiable process for separating recyclable packaging from discarded solid waste; and
<br />b. Collection and delivery of recyclable packaging to a recycling facility for processing in the same or at least similar manner as
<br />recyclable packaging collected in a municipally approved recycling program.
<br />(2) Aqualified organics management system shall have the following elements:
<br />a. A clear and verifiable process for separating organic materials from discarded solid waste; and
<br />b. Collection and delivery of organic materials to a food to people, food to animals, organics composting or anaerobic digestion
<br />facility in the same manner or at least similar manner as organic materials collected in a municipally approved organics
<br />management program. (89-Or-060, § 1, 3-31-89; 96-Or-059, § 3, 6-28-96; 2014-Or-023, § 3, 5-23-14; Ord. No. 2019-054, § 1, 11-
<br />22-19)
<br />204.40. - Enforcement.
<br />The environmental health division of the health department shall have the duty and the authority to enforce the provisions of this chapter. The license
<br />official shall also have authority to enforce the provisions of this chapter. (89-Or-060, § 1, 3-31-89; 96-Or-059, § 4, 6-28-96; 2013-Or-145, § 2, 12-6-13; 2014-
<br />Or-023, § 4, 5-23-14)
<br />204.50. - Rules and regulations.
<br />The environmental health division may, upon notice and hearing, promulgate such rules and regulations as may be necessary to carry out the purposes
<br />of this chapter and protect the health of the public, including the development of exemptions under section 204.70 for packaging for which there is no
<br />reasonable commercially available alternative. In promulgating such rules, the division shall consider the legislative purposes provided in section 204.10
<br />of this chapter and shall consult with the operators of affected food establishments. (89-Or-060, § 1, 3-31-89; 96-Or-059, § 5, 6-28-96; 2013-Or-145, § 3,
<br />12-6-13; 2014-Or-023, § 5, 5-23-14)
<br />204.60.- Reserved.
<br />Editor's note— Ord.Wo. 2014-Or-023, § 6, adopted May 23, 2014, repealed § 204.60, which pertained to advisory committee on environmentally
<br />acceptable packaging. See also the Code Comparative Table.
<br />204.70. - Exemptions.
<br />Notwithstanding any other provision to the contrary, this chapter shall not apply to:
<br />(a) Any packaging used at hospitals or nursing homes.
<br />(b) Any packaging which is not environmentally acceptable, but for which there is no commercially available alternative as determined by
<br />the environmental health division by rule promulgated pursuant to section 204.50. In determining whether there are commercially
<br />available alternatives, the environmental health division shall consider the following:
<br />(1) The availability of environmentally acceptable packaging for affected products;
<br />(2) The economic consequences to manufacturers, suppliers, retailers and other vendors of requiring environmentally acceptable
<br />packaging when available; and
<br />(3) The competitive effects on manufacturers, suppliers, retailers and other vendors involved in the sale of product brands or labels
<br />available only in packaging that is not environmentally acceptable packaging.
<br />Every rule creating an exemption under this subsection (b) shall be reviewed annually by the environmental health division to
<br />determine whether current conditions continue to warrant the exemption.
<br />(c) Frontof the house exemption. The following food establishments shall be exempt from providing a qualified recycling and/or
<br />organics collection system in the front of house, but shall otherwise remain responsible for providing qualifying environmentally
<br />acceptable packaging:
<br />(1) Mobile food vehicle, limited;
<br />(2) Mobile food vehicle, non-profit free food distributor;
<br />(3) Mobile food vehicle;
<br />11W
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