A. The city manager or the city manager’s designee may waive the applicability of this chapter to food providers and retail vendors for a one-year period upon the city manager or city manager’s designee determining, in his or her sole discretion, that this chapter would create an undue hardship or practical difficulty not generally applicable to other persons. To be eligible for waiver, food providers and retail vendors must apply in writing to the city manager’s office documenting how this chapter would create an undue hardship. Determinations regarding waiver applications shall be in writing. Waivers may be granted in whole or in part, with or without conditions, and shall expire one year after issuance without further action of the city. To renew a waiver granted pursuant to this subsection, food providers and retail vendors must reapply at least thirty days prior to expiration of the waiver. Renewal waiver applications are subject to the same requirements as new waiver applications.

B. Foods prepared or packaged outside the city and sold inside the city are exempt from the provisions of this chapter.

C. Polystyrene products, such as insulation or personal flotation devices, that are completely encased in a more durable material are exempt from the provisions of this chapter. Examples of such exempted products include, but are not limited to, surfboards, boats, life preservers, construction materials, craft supplies, and coolers in which polystyrene materials are encased in more durable material.

D. Packaging for raw, uncooked meat and fish is exempt from the provisions of this chapter.