The Newport City Council adopted Ordinance No. 2178, restricting the use of single-
use EPS foam and plastic ware, on December 6, 2021. The ordinance was slated to
become effective on March 31, 2022, but due to supply issues in obtaining appropriate
alternative products, the implementation date was changed to January 1, 2023. This date
was deemed to provide sufficient time to find sources for appropriate alternative products.
The ordinance regulations include:
● No food provider shall serve prepared food in any single-use, plastic food service
containers.
● All food providers, and cafeterias, serving prepared food for the purposes of
consumption on the premises shall only provide reusable food service ware
(except that disposable paper food wrappers, sleeves, foil wrappers, paper
napkins, straws, and paper tray and plate-liners shall be allowed for dining on the
premises).
● All food providers, and cafeterias, where beverages may be consumed at dine-in
areas, shall provide single-use condiments only after customer request.
● All food providers, and cafeterias, where customers order food for take-out or
delivery, shall provide single-use plastic service ware and single-use condiments
to customers only upon customer request, or after asking if the customer needs
single-use plastic service ware and single-use condiments, and the customer
responds affirmatively. For electronic ordering, the food providers are responsible
for coordinating with any third-party ordering service to prompt the customer to opt-
in to single-use plastic service ware and single-use condiments. Food providers
may impose a fee to customers that opt-in for single-use plastic service ware and
single-use condiments.
● All food providers serving prepared food for the purposes of consumption on the
premises shall only provide reusable food service ware, except that disposable
paper food wrappers, sleeves, foil wrappers, paper napkins, straws, and paper tray
and plate-liners shall be allowed for dining on the premises.
There are certain exemptions to these restrictions. The exemptions include:
● Cafeterias and food providers designed for counter service may allow customers
to access a self-service station for single-use plastic food service ware.
● When the single-use plastic food service ware is attached to, or packaged by, the
manufacturer with a beverage container before the beverage container is offered
for retail sale, for example, juice boxes.
● Products that include a single-use condiment as an ingredient are exempt, for
example, a separate plastic container of dressing included within a larger sealed
container.
● When free, or reduced-price, meals are provided as part of a social service to
vulnerable populations, including without limitation, free or reduced-price meals
provided by schools, shelters, and programs that deliver meals.
● Prepared food that is packaged and labeled by the manufacturer pre-sale by a food
provider, including: packaging for raw meat, raw poultry, raw seafood, unprepared
produce, and uncooked eggs; packaging for prepackaged food, shelf stable food,
and catered food. Food containers and cups for spillable prepared foods and beverages for delivery or take out by a food provider may include lids, spill plugs, and sleeves without request. These items shall only be used for the purposes of safety or spill containment in
conjunction with an allowable food or beverage container.
The City Manager may exempt a food provider from the implementation date, for a
period of not more than six months upon the food provider demonstrating to the City
Manager’s satisfaction, in writing, that these restrictions would create an undue hardship,
or practical difficulty, not generally applicable to other persons in similar circumstances.
What happens for failure to comply with these regulations? The city may impose the
following penalties and enforcement actions:
● On a first violation, the City Manager will issue a written warning notice;
● On subsequent violations, the following penalties will apply: $100 for the first violation
after the written warning in a 12-month period; $200 for the second violation within a
12-month period; and $500 for any subsequent violation within a 12-month period.
Additional information, including FAQs, are on the homepage of the city’s website at
www.newportoregon.gov. Specific questions may directed to Erik Glover at 541.574.0613
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