February 2015 Update

CITY OF ENCINITASEnvironmental Commission

February 12, 2015

TO: Mayor and City Council

FROM: Encinitas Environmental Commission

SUBJECT: Update to the Environmental Commission’s December 12, 2013 Report andRecommendations on Polystyrene Food Service Ware (the new text is the Updatesection beginning on this page, and Appendices A and B)

BACKGROUND:

As part of the Environmental Commission’s FY 2013-14 Work Plan, the City Council requested the Environmental Commission to develop a plan to eliminate polystyrene take-out food packaging. The Commission appointed an Ad-hoc committee to conduct research, interview merchants on use of polystyrene, and develop recommendations.

The City has supported efforts to reduce the impacts of polystyrene for a number of years. The City Council adopted Resolution 91-90 discouraging the sale and use of polystyrene foam products in 1991 (Attachment A). In 2010, the City adopted an Environmentally Preferable Purchasing and Contracting policy (PC02) that prohibits the purchase of polystyrene food packaging by the organization. The City has supported various proposed state legislation for the reduction of polystyrene food containers state-wide.

The Environmental Commission’s Ad-hoc committee conducted research on the types and uses of Polystyrene (PS) food containers, surveyed sample businesses, reviewed other jurisdictions’ polystyrene reduction ordinances and provided updated presentations to the Environmental Commission.

February 2015 Update:

[This section, plus Appendix A (Mountain View Ordinance Banning Styrofoam Containers) and Appendix B (EPS Survey Results) constitute the updates to the original December 2013 report. The text of the original report is retained for reference, but it has not been updated.]

In June 2014, the Council directed the Commission to conduct public outreach to assess the implications and costs of a local EPS ban.

Consequently, the Commission created an online survey1 soliciting opinions and reactions to a possibleban on EPS. Since the questions were simple and multiple-choice, the estimated completion time of this survey was under five minutes.

1 Surveymonkey.com was used to design and host the surveys. Separate but identical surveys were designed for each of the four business organizations so that up to 400 responses could be accommodated. This capacity was unneeded.

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February 2015 Update

In November 2014, this survey was sent to Cardiff 101, Encinitas 101, Leucadia 101, and the Encinitas Chamber of Commerce with requests that they distribute the link to their food-vending members. Since after four weeks only eight vendors had responded, the Commission in December again requested these organizations to resend the survey link to their members. However, no additional responses werereceived.

Therefore, in spite of repeated requests to food vendors to determine the implementation impact of an EPS ban, there was little response.

Further public outreach could include direct paper mailings to food vendors and community meetings. Direct mailing has a financial cost and may not be any more effective than email messages from membership organizations. And based on the lackluster response to the brief online survey, attendanceat community meetings may also be disappointing.

In the time since this report was originally issued (December 2013), many US jurisdictions have passedEPS bans, most notably Washington DC and New York City. In California, thirteen jurisdictions passed EPS bans2 in 2014. Los Angeles City and County and San Francisco already had EPS bans, and San Jose passed a ban in 2014.

As an example of a recent ordinance (July 2014) for a city similar in size to Encinitas, the text of Mountain View's3 EPS ban is attached in Appendix A. Except for specific names and dates, the Commission believes that this ordinance provides a good template for an similar ban in Encinitas.

A tabulation of the survey results is shown in Appendix B. That appendix also includes a link to the survey.

[End of February 2015 Update]

ANALYSIS:

General purpose rigid polystyrene is clear, hard thermoplastic resin often used for items such as clear plastic cups and utensils. Expanded Polystyrene Foam (EPS), commonly known as “Styrofoam”, is expanded or blown into foam and molded into lightweight, thermal-insulating products. It is widely usedto make cups, bowls, plates, clamshell containers and other containers for prepared food and carry-out packaging. EPS is also used for packaging in meat trays, egg cartons and other goods. EPS is typically white in color, but fillers and other additives can be added to the disposable polystyrene food service ware to alter the color, density, strength or thermal characteristics. Disposable polystyrene foodservice ware is low cost and widely used for packaging take-out food containers. A table summarizing polystyrene types and typical products is below.

Polystyrene Types and Typical ProductsPolystyrene Type Description Typical ProductsCrystal (rigid) Transparent, can be injection

molded or extruded, rigid, good Audio equipment, dust covers, clear audiotape cassette, and

2 http://www.cawrecycles.org/issues/plastic_campaign/polystyrene/local3 The population of Mountain View is 74,000.

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February 2015 Update

clarity and stiffness CD jewelry cases, office supplies, tumblers, flatware, housewares, display cases, petri dishes, pipettes, bottles.

Impact (rubberized) Opaque, higher strength, less clarityand stiffness than crystal PS.

Electronic appliances, cabinets, business machine housings, video cassettes, small appliances, smoke detectors, furniture, refrigerator door liners, luggage, horticulture trays and dairy and yogurt containers.

Non-foamed PS sheet Extruded or oriented, melted plastic is forced through a flat-faced die, extruded sheet is then thermoformed. Can use impact PS or crystal PS (for clear)

Glazing, decorative panels, cookie trays, document wrap, blister pack, salad containers, lids, plates and bowls.

Foamed PS sheet Extruded, thermoformed, made by extruding crystal PS with a foaming agent (usually pentane), material is extruded through an annular die and formed as the material exits thedie, sheet thickness and density is varied to meet end-use requirements, has excellent thermalinsulation qualities.

Egg cartons, meat and poultry trays, food service trays, fast food packaging, insulation, protective covers for glass bottles, plates, hinged containers, and cups.

Expanded PS (EPS) Made from PS resin granules impregnated with a blowing agent (typically pentane). Expanding beads fuse together to form the finished product, which is, and 90 to95 percent air (99.6 percent for loose fill). Small beads are used for cups and containers, medium beadsfor shape-molded packaging, and large beads for the expanded loose-fill packaging (peanuts). It insulates,is lightweight, and resists moisture. Loose-fill peanuts sold in California contains recycled material are often colored green.

Insulation board, molds for metal casing, flotation devises,packaging (molded shapes, peanuts), cups and containers.

Source: Integrated Waste Management Board, “Use and Disposal of Polystyrene in California,” Report to the California Legislature, December 2004

Examples of disposable polystyrene food service ware take-out packaging are contained in Attachment B.

EPS containers are widely used but have unintended and often unrealized consequences beyond their immediate low cost and convenience. The following are some key points for consideration:

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February 2015 Update

While clean EPS packaging material is recyclable, used EPS take-out food containers are not recyclable in the curbside recycling program. The City’s franchised waste hauler, EDCO currently does not accept used EPS take-out food containers for recycling.

The very attributes that make EPS convenient for packages inhibit cost-effective recycling. Its light weight and low density, plus its propensity to break into small, easily-dispersed pieces complicate facile transport.

California uses over 330 million pounds of EPS containers annually. None of the food-contaminated EPS containers is recycled. It is unlikely that EPS food containers will ever be economically-feasible to recycle. Considering the low density of EPS, annual usage in Californiarepresents a tremendous volume of material.

EPS is petroleum-based made from a nonrenewable resource; it is carcinogenic. The blowing agent typically used to for EPS is an adverse greenhouse-gas.

In the marine environment, polystyrene adversely impacts marine wildlife because it mimics food, causing starvation or choking if ingested. The contamination is not confined to the ingesting creatures; they are only the entry point of EPS into the food chain. The CA Coastal Commission estimates that over one million sea birds, one hundred thousand marine mammals,and untold fish die each year from marine debris. The contamination is passed up the food chain, and people are at the top of the food chain.

EPS container litter does not decompose; it continuously accumulates. Over time, it progressively breaks into smaller and smaller pieces, luring smaller and smaller creatures to ingest it.

Volunteer beach cleanups organized by Surfrider and San Diego Coastkeepers collected over 23,000 pieces of Styrofoam in 2011 and 2012 on San Diego beaches.

EPS packaging is a serious problem that is easily preventable. Although vendors may find them cheap and consumers may find them convenient, food containers are single-use items. Often the duration of use is measured in minutes (for example, coffee cups or single-servings of ice cream).

Alternatives to EPS ContainersThere are many environmentally-friendly alternatives to EPS containers. For example, the Santa Monica City website lists over 90 distributors of acceptable products. Such containers are labeled with a “compostable” or”greenmark” label and are certified as commercially compostable. Many internationalstandards exist, including ASTM D6400 (Test for Compost ability), ISO17088 (Specifications for compostable plastics) and DIN EN 13432 (Requirements for packaging recoverable through composting and biodegradation). Coated and uncoated paper containing a minimum of 90% paper are also a viable alternative.

Warehouse stores such as Costco and Smart and Final stock many acceptable food containers. Such products include those derived from potato, corn, wheat, sugarcane, or tapioca sources. Products for both hot and cold foods are available.

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February 2015 Update

Non-comprehensive lists of alternative products include:

o PolyLactic Acid (PLA) “bio-plastic” a corn-based resin used to create clear cups and containers for temperatures up to 110ºF.

o Bagasse: a biodegradable and compostable tableware that is robust up to 220ºF. It is made from sugarcane fiber after the juice has been extracted. In this regard, it puts to use material that would otherwise be discarded.

o Paper or paperboard: virgin or recycled tree fiber coated with polylactic acid (PLA) - as opposed to petroleum-based plastic coatings.

o Conventional containers: Before the rise of the plastics/polystyrene industry, the food industry used more sustainable and environmentally-friendly containers made from paper (for example, the foldable containers often associated with Chinese restaurants), aluminum foil, and non-foamed polystyrene products. In addition, many plastics are recyclable and are familiar to the public, such as Polyethylene-Terephthalate (PET-type #1) and High-Density Polyethylene (HDPE-type #2) – these are marked with triangular “1” and “2” recycling symbols and which are accepted by EDCO for recycling.

Interviews with Encinitas Food VendorsMembers of the Environmental Commission’s Ad Hoc Committee on Polystyrene conducted interviews with a variety of food vendors in the City to determine the types of take-out packaging the establishment uses and to evaluate reaction to a potential polystyrene food service ware ban.

Several businesses, such as Ki’s and Seaside Market in Cardiff, acknowledged that they made changes to more environmentally-friendly take out packaging in response to customer input. According to a manager at Seaside Market, they changed their deli containers from EPS to paperboard. Of the food vendors using alternatives to EPS, each noted that their suppliers could readily provide alternatives for EPS take-out packaging. Additionally, during the spring 2013 Encinitas Street Fair, it was observed that over 90% of the food vendors were not using disposable EPS foam takeout containers.

One member of the Committee conducted an anecdotal survey of the restaurants in the commercial centers to the north of the intersection of Encinitas Blvd. and El Camino Real (the commercial center anchored by Kohl's and Ralph's). Only one restaurant used EPS containers. Conversation with the owner of that establishment indicated he was in favor of changing to a non-EPS product, but that he was bound by the policies of corporate headquarters.

There are an estimated 258 food-serving restaurants in Encinitas.

Even though this sampling of food vendors was far from comprehensive, current usage of EPS containers in Encinitas appears to be sparse and there does not seem to be strong opposition. This finding is consistent with reports from other jurisdictions which have considered or have implemented EPS bans.

Jurisdictions with EPS BansCurrently, no jurisdiction within San Diego County prohibits disposable EPS food containers. However, over 70 California jurisdictions have banned EPS take-out packaging (http://www.cawrecycles.org/issues/plastic_campaign/polystyrene/local).

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February 2015 Update

The City of San Francisco implemented a polystyrene ban in 2007 requiring all take-out food packagingto be recyclable or compostable. Their lead was followed by several other northern California jurisdictions.

In recent years, several Orange County cities have implemented some type of polystyrene food service ware bans, including Newport Beach (2009), San Clemente (2011), Hermosa Beach (2012), Dana Point(2012) and Manhattan Beach (2013). A comparison of California ordinances is provided in Attachment C.

Sample ordinances from cities of San Clemente and Manhattan Beach are contained in Attachment D.

Fiscal and Staff ImpactsFiscal and staff impacts with regard to disposable polystyrene food service ware takeout food packaging reduction ordinance pertain to the following areas:• CEQA review• City operations• Outreach and Education• Enforcement

Several jurisdictions’ environmental reviews have determined a Negative Declaration was appropriate for their CEQA review process. The City’s Planning and Building Department staff would determine the anticipated CEQA review process and if the review process could be done in-house or require contracted assistance.

Outreach to restaurants, food vendors, business networking groups, non-profit food providers, and vendors would need to be conducted for a period of time before the implementation of any polystyrene restrictions.

Enforcement would be conducted similar to other ordinance enforcements in the City, through complaint-based reporting through the City’s Code Enforcement Division.

RECOMMENDATIONS:

Following are the options and elements for consideration of recommendations to City Council:

1) Consider a City-wide ordinance for the elimination of disposable polystyrene food service ware (e.g. recycling code 6).

a.Initiate an extensive public outreach and education campaign. Public support is crucial, and residents are likely to be supportive if they understand the egregious negative impacts of disposable polystyrene food service ware (i.e. recycling code 6). As long as people understand, they will be proud rather than dismissive of the City's progressive stance.

b. Prohibit the use of disposable polystyrene food service ware (i.e. recycling code 6) at all City facilities, City-managed concessions, contract service providers operating at City facilities and events, as well as events receiving a City special event operational permits. (staff note: City administrative policy PC02 prohibits City purchase of polystyrene foam food packaging products).

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February 2015 Update

c. Phase-out the use of disposable polystyrene food service ware (i.e. recycling code 6) by all food vendors.

i. Initial phase-in period for large food vendors, national chains or franchise that operates in more than one state.

ii. Secondary phase-in period for small food vendors

d. Allow exemptions for undue hardships.

e. Allow exemptions for packaged food sold in retail stores (e.g., meat). Review consideration of the phase-out of EPS packaged food packing in future.

f. Consider a future ban on non-compostable single-use food ware such as plastic utensils, cup covers, straws, etc. Many California jurisdictions have included such items in their ordinances.

g. Recognize businesses that voluntarily or pro-actively espouse anti-EPS or other green practices. Positive recognition can be on the city's website, public displays at civic events, or mailings. Creation of a “Green Business” award with a plaque may be appropriate. Examples of businesses that are already candidates for such distinction include the downtown 7-11 and Native Foods Café.

2) Continue to advocate for and support statewide legislation for the elimination of single-use polystyrene food packaging.

Environmental Commission Recommendation:

The Environmental Commission strongly and unanimously recommends Option 1 – Consider a City-wide ordinance for the elimination of disposable polystyrene food service ware (i.e. recycling code 6).

ATTACHMENTS:

Attachment A – Resolution 91-90 Discouraging the Sale and Use of Polystyrene Products

Attachment B – Examples of EPS (Polystyrene) Packaging Types.

Attachment C – Comparative Ordinance Elements (under development)

Attachment D - Sample Ordinances Prohibiting Use of Expanded Polystyrene Disposable Food Service Ware

References:

The following list includes references that provide material for this report:

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February 2015 Update

1. http://www.smgov.net/Departments/OSE/Business/Container_Ban_Frequently_Asked_Questions.aspx

2. From the Santa Cruz brochure (avail from http://www.cityofsantacruz.com/index.aspx?page=147):

3. Polystyrene Takeout Food Packaging Pollution: http://www.cawrecycles.org/issues/plastic_campaign/polystyrene

4. Polystyrene: Local Ordinances (69 bans as of 4/2013) http://www.cawrecycles.org/issues/plastic_campaign/polystyrene/local

5. http://www.businessweek.com/news/2013-02-13/bloomberg-to-push-for-styrofoam-ban-in-final-nyc-state-of-city

6. http://ens-newswire.com/2012/10/03/haiti-bans-plastic-bags-and-foam-containers/

7. http://www.sdcoastkeeper.org/blog/marine-debris/item/149-sb-568-%E2%80%93-the-california-polystyrene-food-container-ban.html

8. http://www.hpcorporategroup.com/will-california-ban-styrofoam-plastic-packaging.html

9. http://www.cawrecycles.org/issues/plastic_campaign/polystyrene/problem

10.EDCO video available at edcodisposal.com

11.http://www.cawrecycles.org/issues/plastic_campaign/polystyrene/local

12.Nguyen, Linda D. An Assessment of Policies on Polystyrene Food Ware Bans San Jose State University November 2012. http://scholarworks.sjsu.edu/cgi/viewcontent.cgi?article=1265&context=etd_projects

13.Central Contra Costa Solid Waste Authority Agenda Report: Single-Use Plastic Bags and Expanded Polystyrene Food Packaging. http://www.wastediversion.org/files/managed/Document/514/Item%208a-%20Attachment%20A.pdf

14.http://www.miamiherald.com/2012/09/24/3019489/haiti-bans-plastic-bags-foam-containers.html

15.http://www.indexmundi.com/haiti/gdp_per_capita_(ppp).html

16.http://www.gov.rw/Rwanda-s-GDP-per-capita-in-2012-rises-to-USD-644-from-USD-593-in-2011

17.http://www.city-data.com/income/income-Encinitas-California.html

18.https://www.cia.gov/library/publications/the-world-factbook/geos/ha.html

19.https://www.cia.gov/library/publications/the-world-factbook/geos/rw.html

20.Coastkeeper Surfrider Cleanup Data 2011.ppt - report provided by Sarah Diaz Roth of Surfrider <sdr@surfridersd.org>

21.CoastkeeperSurfriderCleanupData2012.ppt - report provided by Sarah Diaz Roth of Surfrider <sdr@surfridersd.org>

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RESOLUTZON NO gLgo

A REBOLOTZON OF TEECZNZTW

CZTY COUNCZL DZBCOUIGZNG THE BAY

USE OF POLYSTYRENE PRODUCTS

WHEREAS the manufacture and use of polystyrene foam is

contributing to the degradation of our environment a consequence

which was neither foreseen or predicted with the introduction of

this material and

WHEREAS the primary negative attribute of polystyrene foam is

that it is nonbiodegradable and persists inthe environment for

decades Thus the polystyrene foam litter seen today will still

be around several years from now accumulating rather than

biodegrading

WHEREAS the availability of this material as litter has been

known to cause birds fish and marine animals to starve as a result

of eating the foam which does not break down in their digestivetracts and

WHEREAS the City of Encinitas will make every attempt to not

use polystyrene products and

WHEREAS there are alternative products available that are

less detrimental to the environment than polystyrene

NOW THEREFORE IT BE RESOLVED by the city Council of the Cityof Encinitas that the use of polystyrene foam is contributing to

the degradation of our environment and that the City discouragesEncinitas residents and businesses from using or selling

polystyrene products

PASSED AND ADOPTED this 9th day of October 1991 by the

following vote to wit

AYES Davis Hano Omsted Slater Wiegand

NAYS None

ABSENT None

ABSTAIN None

Gail Hah6 MayorCity of Encinitas

E Ja Pool City Clerk

Attachment A

This type of Expanded Polystyrene Foam Take-Out Packaging is NOT recyclable through EDCO

This type of EPS Foam Packing Material IS recyclable by EDCO

Southern CA City Bans on Polystyrene Food Ware -- Matrix

City Polystyrene* Ordinance

Affected Businesses /

Organizations

Banned Food Service Ware

Exemptions Violation Procedure Notes

Laguna Beach Orange County

Ordinance (On file) Effective 7/1/08

Link to the

ordinance

(Title 7.05)

Food vendors, restaurants, City facilities, city projects, city events and non-profit food providers.

Banned - Expanded polystyrene or non-recyclable plastic.

Exemptions – 1) City Manager (CM) may grant a one year exemption to those who demonstrate that no alternative exists or that application would cause undue hardship. CM may decide to approve the exemption in whole or part. Applicant may reapply for subsequent annual extensions on basis of continued hardship. Automatic exemptions: 2) Containers of raw meats, fish or poultry. 3) Situations of emergency supply and services procurement.

Violation Procedure - City Manager issues a written warning notice in the form of a Courtesy Citation (CC).

1) $100 for 1st violation following CC.

2) $200 for 2nd violation following CC.

3) $500 for 3rd and subsequent violation following CC.

Staff solicited input from the Environmental Committee, Chamber of Commerce, Visitors Bureau, and the California Restaurant Association. On April 23, 2007, the Environmental Committee conducted a public hearing, reviewed documents, testimony and other evidence and voted to recommend that City Council approved amendments to the Municipal Code. On November 20, 2007, City Council conducted a public hearing, reviewed all documents, testimony and other evidence.

Newport Beach Orange County

Ord #:2008-17 (On file) Effective: 10/28/08 Compliance: 6/1/09 Expanded polystyrene ban. Title 6, Section 5 of Municipal Code.

Who? Food vendors, restaurant, City facilities / projects/ events.

Banned - Expanded Polystyrene disposable food service ware.

Exemptions - 1) City Manager can grant a one year partial or whole exemption based upon economic hardship or lack of available service ware alternatives. Applicant may reapply for subsequent annual extension due to continued hardship. Automatic exceptions: 2) Outside prepared / packaged food. 3) Emergency supply and services procurement.

Violation Procedure - Violators will be subject to Section 1.04.010 and Chapter 1.05 of the Newport Beach Municipal Code.

Dana Point Orange County

Ordinance No. 12-03 October 2012 Effective six months after adoption date of 2/21/2012.

Who? Food vendors, all city facilities, city managed concessions, city sponsored events, city permitted events and all franchisees, contractors and vendors doing business with the city.

Banned – Expandable polystyrene (EPS) food service products. Prepared food in disposable food service ware made of EPS

Exemptions Food prepared or packaged outside the City of Dana Point. EPS coolers and ice chests that are intended for reuse are exempt. 1) City Manager (or designee) may exempt food vendor or restaurant for a period up to one year based upon economic hardship or a lack of available service ware alternatives. 2) submit written application 3) may be approved in whole or part, with or without considerations. 4) Vendor must reapply and show continued undue hardship. 5) Can exempt procurement requirement due to public

Violation Procedure City Manager shall give notice of violation as written warning that specifies violation, time for correction, indicate applicable fine.

1) Not more than $100 for 1st violation

2) Not more than $250 for 2nd violation and subsequent

3) Each day is a separate violation

City attorney may seek legal, injunctive, or other relief to enforce.

Notes and Links Held at public meeting during City council meeting on Dec. 12 2011. Not subject to CEQA. Prepared an Initial environmental Study on the proposed ban, and prepared and adopted Neg. Declaration EPS Food Service Ware Ban FAQ's Environmentally Sustainable Food Service Ware Resources Signed EPS Ban Ordinance

Southern CA City Bans on Polystyrene Food Ware -- Matrix

health and safety. (DMPC 12-03) EPS Food Service Ware Ban Staff Report

San Clemente Orange County

Ord 1533 2004/2011 Effective July 1, 2011; Government facility expanded polystyrene ban in 2004. Citywide ban for food vendors in 2011.

Who? Food Vendors, city facilities, city managed concessions, city sponsored events, city permitted events and all franchisees, contractors and vendors doing business with the city.

Banned Use of Expanded Polystyrene (EPS) Food Service Ware

Exceptions – Food prepared or packaged outside the City. EPS coolers and ice chests that are intended for reuse are exempt.

1) City Manager (or designee) may exempt retail food vendor or restaurant for one year, upon written request, based upon economic hardship.

2) City Manager (or designee) will prepare written decision, and decision is final.

3) Vendor/Restaurant must reapply at end of year 4) Must require additional information as

requested. 5) May be approved in whole or part. With or

without conditions. 6) Can exempt procurement requirement due to

public health and safety. Hardship Policy http://san-clemente.org/sc/services/Environmental/StyrofoamBan/StyrofoamHardshipPolicy.pdf

1) No reasonable alternative to EPS food service ware.

2) No reasonably feasible alternative exists.

http://san-clemente.org/sc/services/Environmental/StyrofoamBan/PolystreneFoamBan.pdf Flyer Explaining the Polystyrene Ordinance List of Vendors with Alternative Products Ordinance Prohibiting the Use of Expanded Polystyrene Disposable Food Service Ware Undue Hardship Policy Polystyrene Foam Ban First reading: December 21,.2010 Second reading January 4, 2011

Santa Monica Los Angeles County

Ord No. 2216 (On file) City-related Compliance: 2/9/07 Non-City Compliance: 2/9/08 Container Ban Ordinance (S.M.M.C. 5.44)

Who? Food providers City facilities, projects and events.

Banned - Expanded polystyrene or non-recyclable plastic

Exemptions - Director of Environmental and Public Works Management Dept. (EPWM) can grant a one year partial or whole exemption based upon economic hardship or lack of available service ware alternatives. Applicant may reapply for subsequent annual extension on basis of continued hardship.

Violation Procedure Director of EPWM issues a written warning notice. Ascending penalties are $100 (1st violation after warning) and $250 fine (2nd and future violations after warning). City has ability to inspect premises to verify compliance.

"Non-Recyclable Food Service Container Report" has been made available on City's website.

Hermosa Beach Los Angeles County

Ord 12-1332 Adopted 2012 Effective March 2013.

Who? Use, distribute, or purchase; including. Food provider, City facilities, rent lease, or otherwise occupy. No city sponsored, city

Banned Polystyrene Food Service Ware

Exemptions 1) Food prepared on packaged outside of the city,

and not altered or repackaged. 2) Food provided by USD, under food program 3) Coolers and Ice chests intended for reuse. 4) Not apply to personal food being brought to city

facilities. (not part of large organized event) 5) Food packaging purchase required under

Violation Procedure 1) Enforced by CM or designee. 2) Subject to administrative

penalty. 3) City Attorney seeks legal,

injunctive, or other relief to enforce.

4) Remedies and penalties are

Links:

8.64.010 Purpose Includes worker safety. Includes education. 8.64.020 Definitions 8.64.030 Food Packaging

Southern CA City Bans on Polystyrene Food Ware -- Matrix

managed or concessions, or city meetings open to the public. City contractors, organizers, or agents. City department, employees, contractors, or agents shall not purchase PS #6.

contract entered one year prior to the ordinance's effective date.

6) All food providers must have city license to be in compliance, on annual renewal application.

Process of City Manager (or designee) may exempt, as follows:

7) Written request to City Manager (designee) 8) Documentation for exemption 9) Additional info as requested. 10) Maximum approval of one year. 11) With or without conditions, based upon undue

hardship. 12) Compliance would deprive of legal rights. 13) C.M. Decision within 10days 14) Appeal to City Council (fee charged) 15) C.C. Decision within 60 days.

cumulative and not exclusive. 5)

Prohibitions Includes reference to #6 8.64.040 Exemptions 8.64.050 Enforcement and Compliance Includes loss of contractors security deposit.

Malibu Los Angeles County

Ord. No. 286 (On file) Effective 10/12/05

Who? Food vendors, restaurants, City facilities / projects / events, food packagers and non-profit food providers.

Banned - Expanded polystyrene.

Exemptions - 1) City Council may grant a one year exemption

based upon undue hardship. 2) Outside packaged food 3) Polystyrene cooler & ice chests for reuse. 4) Food packaging required under contract entered

one year prior to the ordinance's effective date. 5) Exemption applies up to one year from the

ordinance's effective date.

Violation Procedure Per MMC Chapter 1.16.010.B, $100

1) (1st violation), $200 (2nd violation within one year) and $500 (each add. violation within one year).

2) City can inspect vendor's premises to verify compliance.

3) Facility rental agreements include clause in which the security deposit is forfeited upon determination of violation.

1) Original ban was refined several times based upon Council direction. Staff strongly cautions that any new policy will involve a refinement process. 2) Southern California Coastal Water Resource Project (SCCWRP) plans to conduct a 2-3 year study to monitor changes in polystyrene levels on Malibu beaches attributable to ban. 3) Los Angeles County Department of Beaches and Harbors to enforce compliance.

Manhattan Beach Los Angeles County

Ord 13-0009 2013 September 10, 2013

Who? Person, City departments, contractors, food providers, at city facilities that have been rented, leased, or otherwise approved for use by the city. All food providers must have city license to be in compliance, on annual renewal

Banned Prepared food in any polystyrene food service ware. Code 6 or PS identifier, maintain documents manufacturer, supplier of bulk packaging information, etc.

Exemptions – 1) Food packaged outside of city, must not be

altered, or repackaged in city limits. 2) Food provided by MB USD for official school

program. 3) Polystyrene cooler & ice chests for reuse. 4) Food brought by individuals for personal

consumption brought to facilities, parks and beach.

5) Food providers that are obligated under a previous contract, within one year.

Process 1) Written exemption request for undue hardship

for reasonable alternatives. 2) Based upon legally protected right. 3) Provide additional information as requested.

Violation Procedure -

1) Applicable civil or criminal penalty, guilty of an infraction.

2) Effective 15 days after its passage

Links http://www.ci.manhattan-beach.ca.us/city-services/public-works/polystyrene-ordinance-and-bring-your-own-campaign Categorically Exempt from CEQA

Southern CA City Bans on Polystyrene Food Ware -- Matrix

application.

4) Effective 10 days from decision. 5) Appeal process with fee (10 days) to City Council

(60 days for decision). 6) Maximum of one year, with or without

conditions. Santa Cruz County

Ord. No. 4920 (On file) Effective: 10/8/08 Update: October 17, 2012

Who? Retail food establishment County facilities / contractors.

Banned - Disposable food service ware and non-food packaging may not contain polystyrene.

Exemptions 1) No exemptions which allow for the use of polystyrene foam disposable food service ware. 2) City Manager may grant a renewable, annual exemption based upon written documentation that this would be an undue hardship or unique circumstantial difficulty. 3) Outside prepared / packaged food is exempt however purveyors are encouraged to follow the ordinance provisions. 4) Reused ice chests and coolers.

Violation Procedure City Manager issues a written warning to violator who is granted 30 days to comply. Ascending penalties are $100

1) (1st violation 30 days after 1st warning),

2) $200 (2nd violation 60 days after 1st warning), and

3) $500 (3rd violation 90 days after 1st warning and each additional 30 day period of noncompliance).

Food providers who violate the ordinance in connection with commercial/non-commercial special events are assessed the following fines:

1) $200 (event of 1-200 persons), 2) $400 (event of 210-400

persons), 3) $600 (event of 401 -600

persons, and $1,000 (event of 600 or more persons).

Notes - County contract / leases include a provision in which a breach will result in $100 (1st liquidated damage), $200 (2nd LD in same year) and $500 for subsequent LDs in same year. Staff Report: http://www.cityofsantacruz.com/Modules/ShowDocument.aspx?documentid=29244

Links

Download our factsheet on polystyrene litter

Download the factsheet on styrene

Southern CA City Bans on Polystyrene Food Ware -- Matrix

Download the factsheet on SB 568, which would have banned polystyrene foam in packaging for take-out food (it did not pass during the most recent legislative session)

Download the fact sheet on jobs, the economy, and banning foam

Download the fact sheet on foam recycling

Additional Resources

Read the complete text of SB 568, (it did not pass during the most recent legislative session)

See a map of Polystyrene Bans in California

Download the Responsible Purchasing Network's Containers Purchasing Guide

Download a comparison of the costs of foam and non-foam containers

View a comparison of greenhouse gas emissions of various food containers prepared by the Responsible Purchasing Network

Voluntary bans don't work

LA Times Editorial - in Favor of Phasing out Foam

Download the Responsible Purchasing Network's Containers Purchasing Guide

Polystyrene Bans

In California

Download a list of cities that have enacted a ban.

ORDINANCE NO. 13-0009

AN ORDINANCE OF THE CITY OF MANHATTAN BEACH AMENDING CHAPTER 5.80 OF TITLE 5 OF THE MANHATTAN BEACH MUNICIPAL CODE TO PROHIBIT THE DISTRIBUTION OR SALE OF PREPARED FOOD IN ANY POLYSTYRENE FOOD SERVICE WARE

THE CITY COUNCIL OF THE CITY OF MANHATTAN BEACH HEREBY ORDAINS AS FOLLOWS:

SECTION 1. CEQA Finding. This Ordinance is exempt from the environmental review

requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of Title 14 of the California Code of Regulations because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Further, the proposed Ordinance is exempt from CEQA on the separate and independent ground that it is an action of a regulatory agency (the City) for the protection of the environment because it will strengthen the City’s regulations regarding the distribution and sale of polystyrene products. Thus, this Ordinance is categorically exempt from the requirements of CEQA under Section 15308 of Title 14 of the California Code of Regulations as an action by a regulatory agency for the protection of the environment.

SECTION 2. The City Council hereby amends Chapter 5.80 of Title 5 of the Manhattan

Beach Municipal Code in its entirety to read as follows: “CHAPTER 5.80 - PROHIBITION ON THE DISTRIBUTION OR SALE OF PREPARED FOOD IN POLYSTYRENE FOOD SERVICE WARE.

5.80.010 - Purpose.

The purpose of this chapter is to regulate the use of polystyrene food packaging in order to protect the health of Manhattan Beach citizens and promote environmentally sustainable practices in the City.

5.80.020 - Definitions.

As used in this chapter, unless the context otherwise clearly indicates, the words and phrases are defined as follows:

“City Facility” means any building, structure, property, park, open space, or vehicle, owned or leased by the City, its agents, agencies, or departments.

“City Contractor” means any person that enters into an agreement with the City to furnish products or services to or for the City.

“City-Sponsored Event” means any event, activity or meeting organized or sponsored, in whole or in part, by the City or any department of the City.

“Disposable Food Service Ware” or “Disposables” means single-use, disposable products used for serving or transporting Prepared Food, including but not limited to plates, bowls, trays, wrappers or wrapping, platters, cartons, condiment containers, cups or drink ware, or any other container in or on which Prepared Foods are placed or packaged for consumption. This definition excludes single-use disposable straws, plastic carry-out bags, cup lids, and utensils.

“Food Provider” means any Person or place that provides or sells Prepared Food within the City to the general public to be consumed on the premises or for take-away consumption. Food Provider includes but is not limited to (1) a grocery store, supermarket, restaurant, drive-thru, café, coffee shop, snack shop, public food market, farmers’ market, convenience store, or similar fixed place where Prepared Food is available for sale on the premises or for take-away consumption, and (2) any mobile store, food vendor, caterer, food truck, vending machine or similar mobile outlet. Food Provider also includes any organization, group or individual that regularly provides Prepared Food to its members or the general public as a part of its activities or services.

“Person” means any person, business, corporation, or event organizer or promoter; public, nonprofit or private entity, agency or institution; or partnership, association or other organization or group, however organized.

“Polystyrene” means a thermoplastic petrochemical material utilizing the styrene monomer, including but not limited to polystyrene foam or expanded polystyrene, processed by any number of techniques, including but not limited to fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding, or extrusion-blow molding (extruded foam polystyrene), and clear or solid polystyrene (oriented polystyrene). The Recycle Code for polystyrene is ‘6’ or ‘PS,’ either alone or in combination with other letters. This definition applies to all Polystyrene Food Service Ware, regardless of whether it exhibits a Recycle Code.

“Polystyrene Food Service Ware” means Disposable Food Service Ware that contains or utilizes Polystyrene.

“Prepared Food” means any food or beverage that is (1) ready to consume without any further food preparation, alteration or repackaging; and (2) prepared, provided, sold or served by a Food Provider using any cooking, packaging or food preparation technique. Prepared Food may be eaten either on or off the Food Provider’s premises. Prepared Food does not include (1) any raw uncooked meat, poultry, fish or eggs, unless provided for consumption without further food preparation, and (2) fresh produce provided for consumption without food preparation or repackaging, including fruits, vegetables, and herbs, sold by grocery stores, supermarkets, food markets, farmers’ markets and other food vendors.

“Recycle Code” means a resin identification code placed on plastics to identify the material composition for separation of different types of plastics for recycling.

5.80.030 - Prohibition against use of polystyrene food service ware.

A. No Food Provider shall distribute or sell Prepared Food in any Polystyrene Food Service

Ware at any location within the City.

B. Food Providers that distribute Prepared Food in Disposable Food Service Ware shall (1) distribute only Disposables that exhibit a Recycle Code other than No. 6 or PS, and (2) maintain documentation about the composition of the Disposable Food Service Ware. Documentation may include information from the supplier, manufacturer, or bulk packaging for the Disposables, and any other relevant information demonstrating that the disposable material is not polystyrene.

C. No Person shall distribute or sell Prepared Food in any Polystyrene Food Service Ware at

City Facilities that have been rented, leased or are otherwise being used with permission of the City. This subsection is limited to use of City Facilities for which a Person has entered into an agreement with the City to rent, lease or otherwise occupy a City Facility. All facility rental agreements for any City Facility shall include a provision requiring contracting parties to assume responsibility for preventing the utilization and/or distribution of Polystyrene Food Service Ware while using City Facilities. The facility rental agreement shall indicate that a violating contractor’s security deposit will be forfeited if the City Manager or his designee determines that Polystyrene Food Service Ware was used in violation of the rental agreement.

D. No Person shall use or distribute Polystyrene Food Service Ware at City-sponsored

events, City-managed concessions and City meetings open to the public. This subsection shall apply to the function organizers, agents of the organizers, City Contractors, Food Providers and any other Person that enters into an agreement with one or more of the function sponsors to sell or distribute Prepared Food or otherwise provide a service related to the function.

E. The City, its departments, and its City Contractors, agents, and employees acting in their

official capacity, shall not purchase or acquire Polystyrene Food Service Ware, or distribute it for public use.

F. All Food Providers required by this Code to have a business license shall certify

compliance with this chapter on the annual business license renewal application.

5.80.040 Exemptions.

A. The following are exempt from the provisions of this chapter:

1. Food prepared or packaged outside of the City, provided such food is not altered,

packaged or repackaged within the City limits.

2. Food provided by the Manhattan Beach Unified School District under its official food service program.

3. Coolers and ice chests made of Polystyrene intended for reuse.

4. Food brought by individuals for personal consumption to City Facilities, including but

not limited to City parks and the beach, provided the City Facility is being used for individual recreation or similar purposes and such facility use is not part of a larger organized event that is otherwise governed by Section 5.83.030.

B. Food Providers that are obligated to purchase or have purchased Polystyrene Food

Service Ware under a contract entered into within the year prior to the operative date of this

ordinance are exempt from the provisions of this chapter for six months following its operative date.

C. The City Manager or his/her designee may exempt any Person from section 5.83.030

following the operative date of this ordinance, as follows:

1. A request for an exemption shall be filed in writing with the City Manager or his/her designee and shall include documentation of the reason for the claimed exemption and any other information necessary for the City to make its decision. The City may require the applicant to provide additional information as necessary to make the required determinations.

2. The City Manager or his/her designee may approve the exemption for a maximum of

one (1) year, with or without conditions, upon finding that compliance would create an undue hardship. Undue hardship shall be construed to include but not be limited to situations where:

a. There are no reasonable alternatives to Polystyrene Food Service

Ware for reasons that are unique to the applicant; or

b. Compliance with the requirements of this chapter would deprive a person of a legally protected right. The exemption may be extended for additional terms of up to one year each, upon a showing of the continuation of the legal right.

3. The City Manager’s written decision on the exemption is effective within 10 days of

the decision. Decisions of the City Manager may be appealed by the Person applying for the exemption to the City Council. Appeals shall be filed in writing with the City Clerk within 10 days of the decision and shall be accompanied by a fee set by resolution of the City Council. Notice of hearing shall be given to the applicant at least 10 days prior to the hearing. The City Council shall make its decision within 60 days of receiving the appeal.

5.80.050 – Infraction.

In addition to any other applicable civil or criminal penalty, any person convicted of a violation of this chapter is guilty of an infraction, which is punishable pursuant to the penalty provisions set forth in Chapter 1.04 of this Code.”

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Appendix A – Mountain View Ordinance Banning Styrofoam Containers

SEC. 16.90. Findings and purpose.

The city council finds and determines that:

a. Polystyrene foam food service ware is a distinctive litter concern because it is lightweight, easily windblown into streets and waterways, and floats in water until it reaches the San Francisco Bay and ocean.

b. Polystyrene foam food service ware breaks apart easily into small pieces, is difficult to collect and control litter, and is often mistaken as food by birds, fish and wildlife.

c. Polystyrene foam food service ware does not biodegrade and pollutes waterways and harms wildlife.

d. Polystyrene foam food service ware is made from a nonrenewable resource, but containers made from alternative materials that are recyclable and compostable are readily available.

e. The proposed ordinance requiring food providers to use alternative food service ware is intended to reduce the risk of harm to wildlife and improve water quality in Mountain View waterways as required by the Municipal Stormwater Permit.

The city council of Mountain View does, accordingly, find and declare that it should restrict the use of expanded polystyrene foam food service ware by food providers. The city has a substantial interest in protecting its residents and the environment from negative impacts from expanded polystyrene foam food service ware.

SEC. 16.91. Definitions.

Unless otherwise expressly stated, whenever used in this chapter, the following terms shall have the meanings set forth below:

a. “Food service ware” means single-use disposable products used in the restaurant and food service industry for serving or consuming prepared food and includes, but is not limited to, cups, bowls, plates, trays, cartons, and hinged or lidded containers (clamshells), and includes polystyrene foam coolers or ice chests which are not wholly encapsulated or encased within a more durable material. Food service ware does not include straws, utensils, or drink lids.

b. “Food provider” means any establishment, vendor, business, organization, entity, group or individual located or operating in the City of Mountain View that offers prepared food or beverages, regardless of whether there is a charge for the food or beverage: (1) to the public for consumption on or off its premises; (2) as a catered event; and/or (3) at cafeterias of schools and places of employment, whether

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February 2015 Update

or not such establishments are open to the general public. “Food provider” includes, but is not limited to, restaurants, retail food establishments, caterers, cafeterias, stores, shops, sales outlets, grocery stores, delicatessens, fraternal clubs serving the public, mobile food vendors, vehicles or carts, or roadside stands.

c. “Polystyrene foam” means a thermoplastic petrochemical material made from a styrene monomer and expanded or blown using a gaseous agent (expanded polystyrene) including, but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection molding, form molding and extrusion-blow molding (extruded foam polystyrene). “Polystyrene foam” is commonly made into disposable food service ware products. “Polystyrene foam” does not include clear or solid polystyrene (oriented polystyrene).

d. “Prepared food” means food or beverages that are served, packaged, cooked, chopped, sliced, mixed, brewed, frozen, squeezed or otherwise prepared on the premises for consumption, including, but not limited to, ready-to-eat, dine-in, take-out or complimentary food or beverage. “Prepared food” does not include: (1) raw eggs and raw, butchered meat, fish or poultry that is sold from a butcher case or a similar retail appliance; or (2) prepackaged food that is delivered to the food provider wholly encased, contained or packaged in a container or wrapper, and sold or otherwise provided by the food provider in the same container or packaging.

e. “Vendor” means any store, business, organization, or entity that sells or offers goods or merchandise, located or operating within the City of Mountain View.

SEC. 16.92. Polystyrene foam food service ware prohibited.

a. On or after July 1, 2014, no food provider shall sell or otherwise provide prepared food using polystyrene foam food service ware.

b. On or after July 1, 2014, polystyrene foam food service ware shall not be sold or provided by any vendor in the City of Mountain View.

SEC. 16.93. Exemptions.

The following is exempt from the provisions of this Article:

Polystyrene foam food service ware may be used if the food provider demonstrates, in writing, to the satisfaction of the public works director or his or her designee, that compliance with the provisions of this Chapter will impose a unique problem not generally applicable to other persons in similar circumstances that will result in an undue economic hardship.

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February 2015 Update

a. An undue economic hardship could include, but is not limited to: overstocked supplies that cannot be returned to the distributor or used at another store outside the city; or unique packaging needs for which no suitable packaging alternative exists.

b. The public works director shall issue a written decision to grant or deny an exemption and may exempt the food provider until July 1, 2015, or not more than one (1) year from the date of the demonstration, whichever date is earlier. The director’s decision shall be final and is not subject to appeal.”

Section 2. Severability. If any provision of this ordinance is declared invalid by a court of competent jurisdiction, it is the intent of the City Council that such invalid provision be severed from the remainingprovisions of the ordinance.

Section 3. It is the intent of the City Council of the City of Mountain View to supplement State and Federal law and not to duplicate or contradict such law, and this ordinance shall be construed consistently with that intention. If any section, subsection, sentence, clause, or phrase of this ordinanceis for any reason held to be unconstitutional, such decision shall not affect the validity of the other remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional.

Section 4. Pursuant to Section 522 of the Mountain View City Charter, it is ordered that copies of the foregoing proposed ordinance be posted at least two (2) days prior to its adoption in three (3) prominent places in the City and that a single publication be made to the official newspaper of the City of a notice setting forth the title of the ordinance, the date of its introduction, and a list of the places where copies of the proposed ordinance are posted.

Section 5. Effective Date. This ordinance shall be effective on July 1, 2014.

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Appendix B – EPS Survey Results

The following table summarizes the results from the EPS Survey. Four separate identical surveys (S1, S2,S3, and S4) were created for each of E101, C101, L101, and the Chamber of Commerce. No members ofC101 or L101 responded. Eight food vendors in total responded.

The texts of the questions and answers in the table below were shortened to fit in a spreadsheet. A testcopy of the survey with the same text as the actual surveys is available at:

https://www.surveymonkey.com/s/CJRVBGL4

141209 EPS Survey Responses S1 S2 S3 S4 Tot Tot %

Key Usage Use Types TypeUs

Who E101 C101 L101 E CoC All

Number of responses 5 0 0 3 8

Q1. Food service description

a. Restaurant 2 2 4 50%

b. Fast food 0 1 1 13%

c. Coffee, juice, or snack bar 1 0 1 13%

d. Mobile food vendor 0 0 0 0%

e. Other 2 0 2 25%

Q2. Uses disposable ware?

a. Yes 5 3 8 100%

b. No 0 0 0 0%

Q3. Has looked into alternatives?

a. Durable food ware 2 2 4 50%

b. Compostable food ware 4 3 7 88%

c. Recyclable food ware 2 2 4 50%

d. Bio-based food ware 3 2 5 63%

e. Currently identifying alternatives 0 0 0 0%

f. None of the above 0 0 0 0%

g. Already use alternative food ware 0 1 1 13%

4 This is a live survey (you can answer the questions) that was used for testing the Surveymonkey platform.12

February 2015 Update

141209 EPS Survey Responses S1 S2 S3 S4 Tot Tot %

Q4. Which products are used for dine-in?

a. Don't have dine in 0 0 0 0%

b. Durable food ware 4 3 7 88%

c. Foam food ware 0 0 0 0%

d. Paper food ware 2 1 3 38%

e. Plastic food ware 0 1 1 13%

f. Plastic utensils 0 1 1 13%

g. Food ware made from other materials 0 0 0 0%

Q5. Which products are used for take-out?

a. Don't have take out 0 0 0 0%

b. Foam boxes, clamshells, etc. 0 1 1 13%

c. Paper boxes, clamshells, etc. 4 2 6 75%

d. Plastic boxes, clamshells, etc. 1 1 2 25%

e. Plastic utensils 4 1 5 63%

f. Food ware made from other materials 1 0 1 13%

Q6. How often order disposable food ware?

a. We don't order disposable food ware 1 0 1 13%

b. 0-3 months 4 3 7 88%

c. 3-6 months 0 0 0 0%

d. 6-12 months 0 0 0 0%

e. Over one year 0 0 0 0%

Q7. Concerns about eliminating EPS

a. No concerns 2 2 4 50%

b. Alternatives durable and good quality? 1 1 2 25%

c. Don't know where to purchase alts 0 0 0 0%

d. Potential cost increase 3 1 4 50%

e. Other 0 1 1 13%

Q8. If City imposed ban, what concerns?

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February 2015 Update

141209 EPS Survey Responses S1 S2 S3 S4 Tot Tot %

a. No concerns; would support ban 2 2 4 50%

b. Need time to deplete current stock 1 0 1 13%

c. Purchasing=corporate decision, not local 0 0 0 0%

d. Increased costs 1 1 2 25%

d. Don't know where to find alternatives 1 0 1 13%

e. Other 0 2 2 25%

Q9. What assistance can City provide?

a. Help educating staff and public 2 1 3 38%

b. Explain adverse impacts of disposable FW 2 1 3 38%

c. Provide info on alternatives, if avail 1 2 3 38%

d. Provide grace period to use existing stk 4 2 6 75%

e. Other 0 1 1 13%

Q10. Additional comments 0 1 1 13%

14