For the purposes of this Division, the following terms shall mean: Expanded polystyrene means blown polystyrene and expanded and extruded foams that are thermoplastic petrochemical materials utilizing a styrene monomer and processed by a number of techniques, including fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding, and extrusion-blow molding (extruded foam polystyrene). Expanded polystyrene food service products means food containers, plates, hot and cold beverage cups, meat and vegetable trays, egg cartons and other products made of expanded polystyrene and used for selling, providing, or serving foods that are intended by the manufacturer to be used once for eating or drinking or generally recognized by the public as items to be discarded after one use. Food Service business means a full-service restaurant, limited-service restaurant, fast food restaurant, café, delicatessen, coffee shop, supermarket, grocery store, vending truck or cart, food truck, business or institutional cafeteria, including those operated by or on behalf of County departments and agencies, and other business selling or providing food within the County for consumption on or off the premises. Polystyrene loose fill packaging means a void-filling packaging product made of expanded polystyrene that is used as packaging fill. Polystyrene loose fill packaging is commonly referred to as packing peanuts.

A food service business shall not sell or provide food in expanded polystyrene food service products, regardless of where the food will be consumed. Subsection (a) shall not apply to prepackaged soup or other food that a food service business sells or otherwise provides to its customers in expanded polystyrene containers that have been filled and sealed prior to receipt by the food service business. Subsection (a) shall not apply to food or beverages that were filled and sealed in expanded polystyrene containers outside of the County before a food service business received them, or To materials used to package raw, uncooked or butchered meat, fish, poultry, or seafood for off-premises consumption. A person shall not sell or offer for sale in the County polystyrene loose fill packaging.

The Department of the Environment shall conduct an education and outreach campaign before and during implementation of the provisions of this Division. This campaign should include: Informational mailers to and direct contact with affected businesses; and Distribution of information through County internet and web-based resources; and News releases and news events.

A person shall not sell or offer for sale in the County an expanded polystyrene food service product. A person shall not sell or offer for sale in the County polystyrene loose fill packaging.

The Director may, consistent with this subtitle, waive any specific requirements of for a period of up to one year if a food service business demonstrates that strict application of the requirements would create an undue hardship or practical difficulty not generally applicable to other food service businesses in similar circumstances.

No person or entity shall willfully violate any provision of this Division. The violation of any such prohibited or unlawful act or offense, or a misdemeanor, shall be punished with a warning for a first time violation, $250 fine for a second time violation, and by a fine of One Thousand Dollars ($1,000) for a third time violation within a twelve month period. Each day a violation exists is a separate offense. The Department of the Environment shall oversee the enforcement of this Division and may partner with inspectors of other departments to address violations, as determined in this Division. The County Attorney or any affected party may file an action in court with jurisdiction to enjoin repeated violations of this Section.