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3/9/2020
<br />St. Paul, MN Code of Ordinances
<br />Packagingshall mean and include all food -related wrappings, adhesives, cords, bindings, strings, tapes, ribbons, bags, boxes,
<br />coverings and containers, and shall further include cups, glasses and similar containers for drinking out of orfor holding liquids, and
<br />plates and serving trays but shall specifically exclude plastic knives, forks and spoons sold or intended for use as utensils.
<br />Retail food establishment, as used in this chapter, means a "food establishment" as defined in section 331.07 of the Saint Paul
<br />Legislative Code. References to retail food establishment in section 236.03 are specifically defined herein to include, for the purposes of
<br />prohibitions, penalties and adverse actions against licenses, the owner of such establishment and all persons, firms or corporations
<br />operating and/or managing such establishment.
<br />(Ord. No. 17650, § 1, 4-27-89; Ord. No. 17719, §§ 1, 4, 4-12-90; C.F. No. 07-149, § 59, 3-28-07)
<br />Sec. 236.03. - Prohibitions.
<br />No person, firm or corporation owning, operating or managing a retail food establishment located within the City of Saint Paul shall
<br />do or allow to be done any of the following:
<br />(a) Within the City of Saint Paul, sell or convey at retail, or possess with the intent to sell or convey at retail, any food or
<br />beverage that is placed, wrapped or packaged at any time at or before the time or point of sale in or on packaging
<br />that is not environmentally acceptable packaging; nor
<br />(b) Within the City of Saint Paul, provide to retail customers, or possess with the intent to provide to retail customers,
<br />packaging that is not environmentally acceptable packaging.
<br />(c) The presence on the premises of the retail food establishment of packaging that is not environmentally acceptable
<br />packaging shall constitute a rebuttable presumption of intent to sell or convey at retail, or to provide to retail
<br />customers packaging that is not environmentally acceptable packaging; provided, however, that this subparagraph
<br />shall not apply to manufacturers, brokers or warehouse operators, who conduct or transact no retail food or
<br />beverage business.
<br />(Ord. No. 17650, § 1, 4-27-89)
<br />Sec. 236.04. - Enforcement.
<br />The director shall have the duty and the authority to enforce provisions of this chapter.
<br />(Ord. No. 17650, § 1, 4-27-89)
<br />Sec. 236.05. - Rules and regulations.
<br />The director may upon notice and hearing promulgate such rules and regulations as he or she deems necessary to carry out the
<br />aims of this chapter and protect the health of the public, including the development of exemptions under section 236.06 for which there
<br />is no commercially available alternative and for flexible packaging, in harmony with the legislative purposes set forth in section 236.01
<br />of this chapter and Addendum A to this ordinance [Ordinance No. 17719]. In any decision concerning exemptions under section 236.06
<br />the director shall make written findings to support the decision.
<br />(Ord. No. 17650, § 1, 4-27-89; Ord. No. 17719, § 7, 4-12-90)
<br />Editor's note— Addendum A to Ord. No. 17719, referred to in § 236.05 above, has not been included herein, but can be found on file
<br />with the city clerk.
<br />Sec. 236.05.1. - Standards for enforcement.
<br />The phasing -in of enforcement shall exempt, on the effective date of this chapter panuary 1, 1991], all product groups of the kinds
<br />identified in tiers in Addendum B, attached hereto and incorporated by reference herein. These exemptions shall be as follows:
<br />(1) Six (6) months for Tier I product groups in both the grocery sector and the food service/deli sector.
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