For the purposes of this chapter, the term:

(1) "Compostable" means:

(A) Made solely of materials that break down into, or otherwise become part of, usable compost in a safe and timely manner in an appropriate program; and

(B) Once the Mayor has published the list of compostable materials described in § 8-1031.03(b), identified on that list;

(1A) "Disposable food service ware" means containers, bowls, plates, trays, cartons, cups, lids, straws, forks, spoons, knives, napkins, and other items that are designed for one-time use for beverages, prepared food, or leftovers from meals prepared by a food service entity. The term "disposable food service ware" shall not include items composed entirely of aluminum.

(2) "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).

(3) "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 or providing food.

(4) "Food service entity" 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 District departments and agencies, and other entities selling or providing food within the District for consumption on or off the premises.

(5) "Recyclable" means made solely of materials that can be recycled using the District's recycling collection program and identified on the list of recyclable materials described in § 8-1031.03(b).

(Dec. 17, 2014, D.C. Law 20-142, § 401, 61 DCR 8045; Oct. 22, 2015, D.C. Law 21-36, § 6172(a), 62 DCR 10905; Oct. 8, 2016, D.C. Law 21-160, § 6034, 63 DCR 10775.)

The 2015 amendment by D.C. Law 21-36 substituted “prepared by a food service entity” for “prepared by a food service business” in (1); in (4), substituted “entity” for “business,” substituted “cafeterias” for “business or institutional cafeterias,” and substituted “and other entities” for “and other businesses”; and added (5).

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

Applicability of D.C. Law 20-142: Section 502(f) of D.C. Law 20-142 provided that §§ 401, 402, and 406 of the act shall apply as of December 17, 2014.