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a. Polyethylene Terephthalate (#1 PET or PETE); <br />b. 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 <br />collection for the purpose of composting. Compostable packaging must be made of paper, <br />certified compostable plastics that meet ASTM D6400 or ASTM D6868 for compostability or other <br />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 <br />of the Minneapolis Code of Ordinances. (89-Or-060, § 1, 3-31-89; 90-Or-067, § 1, 2-23-90; 96-Or-059, § <br />2, 6-28-96; 2013-Or-145, § 1, 12-6-13; 2014-Or-023, § 2, 5-23-14) <br />204.30. Prohibitions and duties. <br />(a) No person owning, operating or conducting a food establishment or any person or organization providing free <br />food or beverage products within the city of Minneapolis pursuant to a permit or license, or in a manner which <br />would require a permit or license, shall do or allow to be done any of the following within the city: Sell or convey at <br />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 <br />environmentally acceptable packaging. The presence on the premises of the food establishment of packaging <br />which is not environmentally acceptable packaging shall constitute a rebuttable presumption of intent to sell or <br />convey at retail, or to provide to retail customers packaging which is not environmentally acceptable packaging; <br />provided, however, that this subparagraph shall not apply to manufacturers, brokers or warehouse operators, who <br />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 <br />environmentally acceptable packaging only when the food establishment provides consumers with an <br />opportunity to recycle and/or appropriately manage compostable plastics and utilizes a qualified recycling <br />and/or organics management system. At public events and markets, such as farmers markets, the event food <br />sponsor or market manager shall be responsible for providing a qualified recycling and/or organics <br />management system for event and market vendors and consumers. <br />(1) Aqualified 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 <br />at least similar manner as recyclable packaging collected in a municipally approved recycling <br />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 <br />composting or anaerobic digestion facility in the same manner or at least similar manner as <br />organic materials collected in a municipally approved organics management program. (89-Or- <br />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 />(Supp. No. 65, Update 3) <br />Created: 2022-08-05 09:54:22 [EST] <br />Page 2 of 4 <br />