Code of the District of Columbia

§ 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.

(2) Not Funded.

(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.


(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

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.