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The presence on the premises of the retail food establishment of packaging that is not environmentally acceptable packaging shall constitute a rebuttable presumption of intent to sell or convey at retail, or to provide to retail customers packaging that is not environmentally acceptable packaging; provided, however, that this subparagraph shall not apply to manufacturers, brokers or warehouse operators, who conduct or transact no retail food or beverage business. (Ord 17-29, § 3, 3-6-19, eff. 1-1-22) Sec. 236.04. Reserved. Sec. 236.05. Rules and regulations. The director may upon notice and hearing promulgate such rules and regulations as he or she deems necessary to carry out the aims of this chapter and protect the health of the public, including the development of exemptions under section 236.06 for which there is no commercially available alternative and for flexible packaging, in harmony with the legislative purposes set forth in section 236.01 of this chapter. In any decision concerning exemptions under section 236.06, the director shall make written findings to support the decision. (Ord 17-29, § 5, 3-6-19, eff. 1-1-22) 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 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; (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; and (4) laws and ordinances of adjacent municipalities. 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. (Ord 17-29, § 7, 3-6-19, eff. 1-1-22) Sec. 236.07. Penalties. Each violation of section 236.03 shall be a petty misdemeanor. (Ord 17-29, § 8, 3-6-19, eff. 1-1-22) (Supp. No. 121, Update 2) Created: 2022-08-01 14:33:23 [EST] Page 3 of 4