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3/9/2020 St. Paul, MN Code of Ordinances (2) Nine (9) months for Tier II Group A products in the grocery sector. (3) Twelve (12) months for Tier II Group Band C product groups in the grocery sector and in the food service/deli sector. (Ord. No. 17719, § 5, 4-12-90) Editor's note— Addendum B referred to in § 236.05.1 above is on file for inspection in the city clerk's office. Sec. 236.06. - Exemptions. Notwithstanding any other provision to the contrary, this chapter shall not apply to: (a) Any flexible packaging material of ten (10) mils or less unless specifically disapproved by the director by rule promulgated pursuant to section 236.05; provided, that the director may disapprove hereunder all flexible packaging materials not being collected for recycling in an organized manner in a municipally approved program where an alternative packaging material is being so collected. (b) Any packaging used at hospitals or nursing homes; (c) Any paper, cellophane or other cellulose -based packaging that is coated with plastic; (d) Any packaging that is not environmentally acceptable for which there is no commercially available alternative as determined by the director by rule promulgated pursuant to section 236.05. In determining whether there are commercially available alternatives, the director shall consider (1) the availability of environmentally acceptable packaging for affected products; (2) the economic consequences to manufacturers, suppliers, retailers and other vendors of requiring environmentally acceptable packaging when available; and (3) the competitive effects on manufacturers, suppliers, retailers and other vendors involved in the sale of product brands or labels available only in packaging that is not environmentally acceptable packaging. Every rule creating an exemption under this paragraph shall be reviewed annually by the director to determine whether current conditions continue to warrant the exemption. (e) Paper or other cellulose -based packaging capable of being decomposed by natural biological or biochemical processes. (Ord. No. 17650, § 1, 4-27-89; Ord. No. 17719, § 3, 4-12-90) Sec. 236.07. - Penalties. Each violation of any provision of this chapter or of lawful regulations promulgated under section 236.05 hereof shall be a petty misdemeanor, for which the maximum fine shall be fifty dollars ($50.00). Each day on which violations occur constitutes a separate violation. (Ord. No. 17650, § 1, 4-27-89) Sec. 236.08. - License adverse action. Each violation of any provision of this chapter or of lawful regulations promulgated under section 236.04 hereof shall be sufficient grounds for adverse action pursuant to Chapter 310 of the Saint Paul Legislative Code against any and all licenses held by or at the retail food establishment and by its owner or operator. The presumptive penalty for the first appearance of such a licenseholder before the city council shall be a two-day suspension of all licenses held at or by such retail food establishment. (Ord. No. 17650, § 1, 4-27-89) Sec. 236.09. - Severability. 3/4