§ 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) 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) 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)(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.

(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; Mar. 16, 2021, D.C. Law 23-211, § 3(b), 68 DCR 00068.)

Effect of Amendments

The 2015 amendment by D.C. Law 21-36 substituted “shall use compostable or recyclable disposable food service ware” for “shall use compostable or recyclable disposable food service ware unless there is no suitable affordable or compostable or recyclable product available as determined by the Mayor in accordance with this chapter” in (a) and (b); and substituted “entity” for “business” twice in (c).

Applicability

Section 7203 of D.C. Law 24-45 repealed the applicability provision of section 4 of D.C. Law 23-211 that impacted this section. Therefore the amendment of this section by §3(b) of Law 23-211 has been implemented.

Section 7203 of D.C. Act 24-159 repealed the applicability provision of section 4 of D.C. Law 23-211 that impacted this section. Therefore the amendment of this section by §3(b) of Law 23-211 has been implemented.

Applicability of D.C. Law 23-211: § 6 of D.C. Law 23-211 provided that the creation of subsections (e)(1) and (2) and (f) of this section by § 3(b) of D.C. Law 23-211 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) amendment of D.C. Law 20-142, § 502(g), see § 6172(g) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

For temporary (90 days) amendment of this section, see § 6172(c) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Editor's Notes

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.