Accessory disposable food service ware means straws, utensils, condiment cups and packets, cup sleeves, splash sticks, stirrers, and napkins, designed to be used once and then discarded. Department means the Prince George's County Department of the Environment. Director means the Prince George's County Director of the Department of the Environment or their designee. Food service business means full-service restaurants, limited-service restaurants, fast food restaurants, cafes, delicatessens, coffee shops, supermarkets, grocery stores, vending trucks or carts, food trucks, cafeterias, including those operated by or on behalf of County departments and agencies, and other entities selling or providing food within the County for consumption on or off the premises who are providing prepared or ready-to-eat food. Third-party food ordering platform means any website, mobile application, or other internet service that offers or arranges for the sale of food and beverages prepared by, and the delivery or pickup of food and beverages from, food service businesses.

By June 1, 2023, food service businesses shall provide accessory disposable food service ware only upon request by the customer or at a self-serve station. Take-out or delivery orders shall not include accessory disposable food service ware unless specifically requested by the customer in person, on the phone, or online. Food service businesses shall provide options for customers to affirmatively request accessory disposable food service ware across all ordering platforms, including digital platforms, telephone, and in-person, whether for on-site dining, takeout, or delivery. This Section shall apply even when a food service business uses a third-party food ordering platform. By August 1, 2023, third-party food ordering platforms shall provide customers the ability to affirmatively request accessory disposable food service ware, and shall provide a food service business with the ability to customize its menu with a list of available accessory disposable food service ware, and only those specific items selected by the customer shall be provided by the food service business.

The Director may, consistent with this Division, waive any specific requirements of this Division for a period of up to one year after the effective date of this Act 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.

The County Executive shall designate a unit of County government to conduct an education and outreach campaign before and during the implementation of this Division by providing information to affected food service businesses and to the public, posting information on the County website, and issuing news releases and holding news events.

The Director shall be charged with the enforcement of this Division. Any violation of this Division shall be subject to a warning for a first-time violation, a fine of Two Hundred and Fifty Dollars ($250.00) for a second violation, and a fine of Five Hundred Dollars ($500.00) for a third violation, within a twelve-month period. The Director shall not impose a fine under this Division before October 1, 2023, to provide time for training staff, updating operating software and regarding other matters relating to the implementation of this Division. 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 Director of the Department of the Environment or any affected party may file an action in court with jurisdiction to enjoin violations of this Division.