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Director shall mean the director of the department of safety and inspections or his or her designee. <br />Environmentally acceptable packaging shall mean and include: <br />(1) Returnable and reusable packaging shall mean food or beverage containers or packages, such as, but <br />not limited to, soft drink bottles, growlers, and milk containers, that are capable of being returned to <br />the distributor, such as, but not limited to, dairies and soft drink bottlers, for reuse as the same food or <br />beverage container use at least once; <br />(2) Recyclable packaging shall mean packaging materials that are separable from solid waste, by the <br />generator or during collection for the purpose of recycling, for which there are city -approved contracts <br />for collection for recycling in an organized and approved program; <br />(3) Compostable packaging shall mean packaging materials that are separable from solid waste, by the <br />generator or during collection for the purpose of composting, for which there are city -approved <br />contracts for collection for composting in an organized and approved program, or as determined by the <br />director. <br />Owner shall mean any person, agent, operator, firm or corporation having a legal or equitable interest in a <br />retail food establishment. <br />Packaging shall mean and include all food -related wrappings, adhesives, cords, bindings, strings, tapes, <br />ribbons, boxes, coverings and containers, and shall further include cups, cans, glasses and similar containers for <br />drinking out of or for holding liquids, and plates and serving trays but shall specifically exclude foods prepackaged <br />by the manufacturer, producer, or distributor. <br />Qualified recyclingsystem, as used in this chapter, means a recycling system with a clear and verifiable <br />process for separating recyclable packaging from discarded solid waste; and collection and delivery of recyclable <br />packaging to a recycling facility for processing in the same or at least similar manner as recyclable packaging <br />collected in a municipally approved recycling program. <br />Qualified organics system, as used in this chapter, means an organics system with a clear and verifiable <br />process for separating organic materials from discarded solid waste; and collection and delivery of organic <br />materials to a food to people, food to animals, organics composting or anaerobic digestion facility in the same <br />manner or at least similar manner as organic materials collected in a municipally approved organics program. <br />Retail food establishment, shall mean a food and beverage service establishment, food cart or mobile food <br />unit as defined in Minnesota Statutes Chapter 157.15, Food Beverage and Lodging. <br />(Ord 17-29, § 2, 3-6-19, eff. 1-1-22) <br />Sec. 236.03. Prohibitions and duties. <br />It shall be unlawful for any person, owner, or corporation who owns, operates or manages a retail food <br />establishment located within the City of Saint Paul to do any of the following: <br />(1) To sell or convey at retail, or possess with the intent to sell or convey at retail, any food or beverage <br />intended for immediate consumption that is placed, wrapped or packaged at any time at or before the <br />time or point of sale in or on packaging that is not environmentally acceptable packaging; or <br />(2) To provide to retail customers, or possess with the intent to provide to retail customers, packaging that <br />is not environmentally acceptable packaging; or <br />(3) To fail to provide retail customers with an opportunity to appropriately recycle by offering a qualified <br />recycling system and/or a qualified organics system. <br />(Supp. No. 121, Update 2) <br />Created: 2022-08-01 14:33:23 [EST] <br />Page 2 of 4 <br />