Section 8-1533 - Compostable or recyclable disposable food service ware required(a) A District facility, agency, and department using disposable food service ware shall use compostable or recyclable disposable food service ware; provided, that disposable food service ware supplies already purchased as of December 17, 2014 may be used until the supplies are exhausted or until January 1, 2017, including disposable food service ware supplies that the District is obligated to purchase under any contracts in force as of December 17, 2014.(b) A District contractor and lessee using disposable food service ware shall use compostable or recyclable disposable food service ware; provided, that disposable food service ware supplies already purchased as of December 17, 2014 may be used until the supplies are exhausted or until January 1, 2017, including disposable food service ware supplies that the District contractor or lessee is obligated to purchase under any contracts in force on December 17, 2014.(c) By January 1, 2017, no food service entity shall sell or provide food or beverages, for consumption on or off premises, in disposable food service ware unless the disposable food service ware is compostable or recyclable; provided, that this subsection shall not apply to prepackaged food or beverages that were filled and sealed outside of the District before a food service entity received them.(d) Food service entities may use reusable food service ware, including food service ware provided by a third-party reusable food service ware provider, in serving on-site, takeout, and delivery customers.(e)(1) [Not Funded.] By January 1, 2022, food service entities 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.(2) [Not Funded.] Food service entities 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 paragraph shall apply even when a food service entity uses a third-party food ordering platform.(3) By July 1, 2021, third-party food ordering platforms shall provide customers the ability to affirmatively request accessory disposable food service ware, including the ability to select the specific items they need.(f)[Not Funded.] (1) DOEE shall make available grants through a competitive process or a formula grants process, or rebates through an equivalent process, to food service entities and third-party reusable food service ware providers to support reductions in the use of disposable food service ware, including to help cover the cost of establishing dishwashing capacity, purchase of reusable food service ware, or the procurement or provision of reusable food service ware services from or by third-party reusable food service ware providers.(2) For the purposes of this subsection, the term "formula grants process" means a process developed by DOEE to distribute grants based on the availability of funding and the needs of applicants.Amended by D.C. Law 23-211,§ 3, 68 DCR 003425, eff. 3/16/2021.Dec. 17, 2014, D.C. Law 20-142, § 403, 61 DCR 8045; Oct. 22, 2015, D.C. Law 21-36, § 6172(c), 62 DCR 10905.Applicability of D.C. Law 20-142: Section 502(g) of D.C. Law 20-142, as amended by D.C. Law 21-36, § 6172(g), provided that §§ 403 and 404 of the act shall apply as of October 1, 2015.
Applicability of D.C. Law 20-142: Section 502(g) of D.C. Law 20-142 provided that §§ 403 to 405 of the act shall apply upon the inclusion of their fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register.