ORDINANCE No. 176982

Amend Title 9 Food Regulations and Establishments, Ban of Polystyrene Foam Food Containers, to change oversight and enforcement from the Bureau of Environmental Services to the Office of Sustainable Development (Ordinance; amend Code Chapter 9.28)

The City of Portland ordains:

Section 1. The Council finds:

1.  Portland City Code Chapter 9.28 contains the Ban on Polystyrene Foam Food Containers.

2.  Chapter 9.28 includes information on enforcement, notice of violations and fines. This Code was originally adopted when the Solid Waste and Recycling Division was part of the Bureau of Environmental Services. In August 2000 the Solid Waste and Recycling Division was combined with the Portland Energy Office to create the Office of Sustainable Development. Authority for this chapter needs to reflect the change.

NOW, THEREFORE, the council directs:

a.  Portland City Code Section 9.28.040, is amended to read as follows:

A.  The Director or Director’s designee of the Office of Sustainable Development Bureau of Environmental Services Administrator, upon determination that a violation of this code or regulations duly adopted pursuant to this code has occurred, shall issue a written notice of the violation by certified mail to the vendor or food packager which will specify the violation and appropriate penalty.

 The remainder of this section is unchanged.

b.  Portland City Code Section 9.28.060, is amended to read as follows:

The Office of Sustainable Development City of Bureau of Environmental Services is authorized to promulgate additional regulations and other actions reasonable and necessary to enforce this code. Prior to the adoption of such regulations, the Office of Sustainable Development Bureau of Environmental Services shall give public notice of its intent to adopt regulation, provide copies of the proposed regulations to identified interested parties and conduct a public hearing on the proposed regulations. Public notice shall be given when regulations have been finally adopted. Copies of the current regulations shall be made available to the public upon request.

Passed by the Council,  OCT 16 2002      Gary Blackmer

Commissioner Dan Saltzman          Auditor of the City of Portland

             By /S/ Susan Parsons

Laura Haggi

September 23, 2002            Deputy

BACKING SHEET INFORMATION

AGENDA NO. 1221, 1259-2002

ACTION TAKEN:

OCT 09 2002 PASSED TO SECOND READING OCT 16 2002 9:30 A.M.

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 176982