Green Packaging Working Group

CITY OF PORTLAND, MAINE Agenda Green Packaging Working Group Task Force DATE: 4/8/2013 TIME: 5:00 PM LOCATION: Portland City Hall Room 24 AGENDA 1. Approval of minutes of 3/11/13 meeting 2. Review goals and objectives of working group a. Transportation, Sustainability and Energy Committee minutes b. Council Order 3. Work plan for working group a Polystyrene foam b. Plastic bags 4. Discuss draft ordinance prohibiting the sale of polystyrene foam containers a. Survey of local establishments regarding retail packaging materials b. Review of draft ordinance language b1 Survey results b2 Draft City of Portland ordinance b3 Freeport ordinance b4 San Mateo County Ordinance b5 Santa Cruz County Ordinance b6 San Leandro Ordinance b7 San Francisco Ordinance b8 San Francisco fact sheet 5. Discuss next steps for draft polystyrene ordinance 6. Review meeting schedule 7. Adjourn  TOWN OF FREEPORT CHAPTER 33 STYROFOAM ORDINANCE Whereas, the Council finds that: 1. Located in Maine on the shore of the North Atlantic Ocean, an area known world-wide for its natural beauty, fish and other wildlife, the Town of Freeport believes that it has an obligation to maintain and preserve its special natural environment; 2. Maintenance of Freeport as litter-free as possible is important to protect and preserve its natural environment and enhance its quality of life for residents and visitors; 3. The United Nations Environmental Programme Diplomatic Conference in Montreal (Montreal Protocol on Substances that Deplete the Ozone Layer) acknowledged the threat of chlorofluorocarbons to the earth's atmosphere and established international goals for the phased reduction of the manufacture and use of specific chlorofluorocarbon compounds ("CFC's"). The Town of Freeport supports international and federal efforts to reduce the non-essential use of chlorofluorocarbons.; 4. The Federal Environmental Protection Agency reports that foam products account for 28% of ozone-depleting potential of CFC's. Blowing agents used in the production of non-CFC PSF's create hazardous earth-level smog; 5. The Federal Environmental Protection Agency has issued a national municipal waste strategy calling for a 25 percent reduction in solid waste by 1992. The strategy, titled "The Solid Waste Dilemma: An Agenda for Action", includes the promotion of recycling. The State of Maine is considering how to implement this strategy; 6. The State of Maine has banned the service of food and beverages in polystyrene foam containers at facilities or functions of the State or its political subdivisions effective January 1, 1990 (38 MRSA Section 1651 et seq.); 7. Readily disposable consumer plastic containers and wrappers (including those made from polystyrene foam) are essentially not biodegradable and as litter do not decompose over time into the natural environment; 8. The use of readily disposable consumer plastic containers and wrappers has increased annually and projections indicate a significant growth in their use; 9. Plastic litter, particularly polystyrene foam, poses a threat to the natural environment, including fish and other wildlife; 10. This Ordinance will serve the public interest by reducing the amount of non- biodegradable waste littering Freeport as a portion of any substitute packaging is expected to be composed of biodegradable material in whole or in part. Polystyrene foam litter is highly durable, buoyant, and non-biodegradable and, therefore, persists and detracts from the appearance of the area longer than many other types of litter; 11. At the present time there is no Recycling Program in Freeport for polystyrene foam food or beverage containers; 12. Some other commonly used food packaging materials are also non- biodegradable and contribute to litter problems; nevertheless, the Council finds that it is appropriate to regulate polystyrene foam food packaging while not regulating other types of food packaging at this time for the following reasons: A. To minimize disruption in the food services and sales industry, the Council should avoid banning a wide range of packaging materials at one time. It might be appropriate to ban other packaging materials in the future, but an incremental approach to eliminating undesirable packaging materials will cause less disruption and allow the Town to handle enforcement in more manageable stages; B. Polystyrene foam is the most commonly used non-reuseable food packaging material for prepared foods in restaurants and food service establishments in Freeport and, therefore, prohibiting its use for such purpose and its sale at retail will be the most effective way of reducing non-biodegradable litter in Freeport; C. Ingestion of polystyrene foam particles has been identified as a hazard to wildlife, while this problem has not been associated with other food packaging materials. NOW, THEREFORE, BE IT ORDERED: 1. On and after January 1, 1990, no retail food vendor shall serve or sell prepared food and no food packager shall package meat, eggs, bakery products or other food in polystyrene foam (PSF) containers; 2. On and after January 1, 1990, no vendor in the Town of Freeport who sells tangible personal property at retail shall sell polystyrene foam food or beverage containers; 3. Violations of this Ordinance shall be punishable by fines as follows: A. A fine not exceeding $250 for the first violation in a one-year period; B. A fine not exceeding $500 for the second and each subsequent violation in a one-year period; 4. Provided nevertheless that the effective date of this Ordinance shall be postponed if and as long as there is developed and maintained an effective Town-wide Recycling Program for polystyrene foam food and beverage containers, as determined by the Town Council;  5. Definitions. As used in this Ordinance the following terms have the following meanings: A. "Biodegradable" means material capable of being broken down by micro-organisms into simple substances or basic elements; B. "Chlorofluorocarbons" are the family of substances containing carbon, fluorine and chlorine; C. "Food Packager" means any person located within the Town of Freeport who places meat, eggs, bakery products, or other food in packaging materials for the purpose of retail sale of those products; D. "Prepared food" means food or beverages which are served at the food vendor's location having been previously prepared elsewhere or are prepared at the vendor's location by cooking, chopping, slicing, mixing, brewing, freezing or squeezing. "Prepared food" does not include any raw uncooked meat or eggs. Prepared food may be eaten either on or off premises; E. "Person" means any natural person, firm, corporation, partnership, or other organization or group however organized; F. "PSF" means polystyrene foam; G. "Recycling Program" - a process whereby used materials are separated from the solid waste stream and utilized as a raw material in the manufacture of a new product or for new economic use; H. "Restaurant" means any establishment located within the Town of Freeport selling prepared food to be eaten by customers. Restaurant includes a sidewalk or other outdoor food vendor; I. "Retail Food Vendor, Vendor" means any person, restaurant, store, shop, sales outlet or other establishment, including, without limitation, a grocery store, convenience or variety store or a delicatessen located within the Town of Freeport which sells prepared food; If any part or provision of this Ordinance or the application thereof to any person or circumstances is held invalid, the remainder of the Ordinance, including the application of such part or provision to other persons or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable.  IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO ORDINANCE NO. 2011-____ AN ORDINANCE OF THE CITY OF SAN LEANDRO, AMENDING CHAPTER 3-8 OF THE SAN LEANDRO MUNICIPAL CODE TO PROHIBIT THE USE OF POLYSTYRENE FOAM FOOD SERVICE WARE BY ALL FOOD VENDORS, CITY DEPARTMENTS, AND CITY CONTRACTORS, AND AT CITY-SPONSORED EVENTS WHEREAS, the City of San Leandro desires to protect the natural environment, its economy, and the health of its residents and visitors; and WHEREAS, CalRecycle estimates that Californians use 165,000 tons of polystyrene foam each year for packaging and food service purposes alone, and currently there is no economically feasible means of recycling this product locally; and WHEREAS, disposable food service ware constitutes a portion of the litter in San Leandro’s streets, parks and public places that increases City maintenance costs; and WHEREAS, polystyrene foam is a common pollutant that fragments into smaller, non- biodegradable pieces that are ingested by marine life and other wildlife thus harming or killing them; and WHEREAS, due to the physical properties of polystyrene, the EPA states “that such materials can also have serious impacts on human health, wildlife, the aquatic environment and the economy”; and WHEREAS, the City’s goal is to replace polystyrene foam food service ware with reusable, recyclable or compostable alternatives; and WHEREAS, the City encourages the use of unbleached, non-coated, recycled-content paper food ware and other fiber-based food ware as the most environmentally preferable alternatives when the use of reusable food ware is not feasible; and WHEREAS, this proposed Ordinance will preserve and enhance the environment within the City of San Leandro and is exempt from the requirements of the California Environmental Quality Act (“CEQA”), as amended, pursuant to Guideline 15061(b)(3) and Guideline 15308, of the CEQA Guidelines; and WHEREAS, the City supports pending legislation to ban expanded polystyrene food packaging as well as statewide efforts to reduce the prevalence of expanded polystyrene and other plastic litter; and WHEREAS, to date at least 45 cities and counties in California that share this goal have passed ordinances or enacted resolutions banning polystyrene foam food service ware.  NOW THEREFORE, the City Council of the City of San Leandro does ORDAIN as follows: SECTION 1. AMENDMENT OF CODE. Chapter 3-8 of the San Leandro Municipal Code is amended to read as follows: Article 2. BAN ON POLYSTYRENE FOAM FOOD SERVICE WARE 3-8-200 TITLE. This Article shall be known as the “City of San Leandro Ban on Polystyrene Foam Food Service Ware” and may be so cited. 3-8-205 PURPOSE AND INTENT. The purpose and intent of this Article is to protect the City’s natural environment, its economy, and the health of its residents and visitors by substituting polystyrene foam food service ware with compostable or recyclable food service ware at all food vendors, city departments, and city facilities served by contractors, and at city- sponsored events. 3-8-210 DEFINITIONS. For the purpose of this Article the following definitions shall govern unless the context clearly requires otherwise: (a) “City” means the City of San Leandro. (b) “City Department” means any governmental subdivision of the City. (c) “City Facility” means any premises or lands owned or operated by the City. (d) “City-Sponsored Event” means any activity that is organized by the City and any private activity whose organizers voluntarily request any endorsement or recognition from the City that is unrelated to any requirements for such an event under applicable law. (e) “Compostable” means all materials in the product or package will break down into, or otherwise become a part of, usable compost (e.g., soil-conditioning material, mulch) in a safe and timely manner consistent with the composting facility used by the City’s franchisee or by the Oro Loma Sanitary District’s franchisee for integrated waste management. (f) “Contractor” means any individual, group, or organization that has a contract with the City for work or improvement to be performed, for a franchisee, concession, for grant monies, goods and services, or supplies to be donated or to be purchased at City expense. (g) “Food Vendor” means any establishment located within the City of San Leandro, or any establishment which provides prepared food or beverages within the City for public consumption on or off its premises and includes, but is not limited to, any store, shop, sales outlet, restaurant, bar, pub, coffee shop, cafeteria, caterer, convenience store, liquor store, grocery store, supermarket, delicatessen, mobile food preparation truck or vehicle, roadside stand, or any other person who provides prepared food; and any individual, group, or organization which regularly provides food as part of its services. (h) “Food Service Ware” means single-use disposable products used in the restaurant and food service industry for serving or transporting prepared food and includes, but is not limited to, plates, cups, bowls, trays, and hinged or lidded containers. This definition does not include single-use straws, drink lids or utensils.  (i) “In Association With” means any combination of food service ware with any form of prepared food for the purposes of containment, consumption, or display to promote consumption. (j) “Prepared Food” means any food or beverage prepared for consumption on or off a premises or lands using any cooking or food preparation technique, or any raw foods provided for consumption without requiring further food preparation. Prepared food does not include uncooked meat, fish, poultry, or eggs unless provided for consumption without further food preparation. (k) “Person” means an individual, business, event promoter, trust, firm, joint stock company, corporation, non-profit, governmental entity, partnership, or association. (l) “Polystyrene Foam” means the thermoplastic petrochemical material utilizing the styrene monomer, which may be marked with resin symbol #6, processed by any number of techniques including, but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding, and extrusion-blow molding (extruded foam polystyrene). Polystyrene Foam is generally used to make cups, bowls, plates, trays, clamshell containers, meat trays and egg cartons. (m) “Recyclable” means any material that is accepted by the City recycling program, including, but not limited to, paper, glass, metal, cardboard, and plastic that can be recycled, salvaged, processed, or marketed by any means other than landfilling or burning whether as fuel or otherwise, so that they are returned to use by society. For the purposes of this article, recyclable plastic does not include polystyrene foam labeled with resin symbol #6. 3-8-215 POLYSTYRENE FOAM FOOD SERVICE WARE PROHIBITED. (a) The following are prohibited from using polystyrene foam food service ware in association with prepared food: (1) Food vendors; (2) City departments; and (3) Contractors that serve any City facility. (b) Food vendors, City departments, and contractors that serve any City facility are prohibited from using polystyrene foam food service ware in association with prepared food at any City-sponsored event. 3-8-220 REQUIRED USE OF COMPOSTABLE OR RECYCLABLE FOOD SERVICE WARE. (a) Notwithstanding the provisions of section 3-8-225, the following are required to use compostable or recyclable food service ware in association with prepared food: (1) Food vendors; (2) City departments; and (3) Contractors that serve any city facility. (b) Notwithstanding the provisions of section 3-8-225, food vendors, City departments, and contractors that serve any city facility are required to use compostable or recyclable food service ware in association with prepared food at any City-sponsored events 3-8-225 EXEMPTIONS. (a) Food vendors that are currently existing or are established in the City by the effective date of the ordinance will be exempted from the provisions of this Article prohibiting the use of polystyrene foam food service ware for a period of time to be determined by the City Manager on a case-by-case basis for undue hardship. Undue hardship includes, but is not limited to, situations unique to the food vendor not generally applicable to other persons in similar circumstances. (b) Prepared foods prepared and packaged outside of the City of San Leandro and prepared foods prepared and packaged in the City of San Leandro for use outside of the City of San Leandro are excluded from the provisions of this Article. Purveyors of food prepared and packaged outside the City of San Leandro are encouraged to follow these provisions in accordance with the City’s stated policy goal to eliminate the use of polystyrene foam food service ware in all possible applications. (c) Retailers, wholesalers and suppliers of polystyrene foam food service ware within the City of San Leandro are excluded from the provisions of this Article, but are encouraged to promote the sale, purchase, and use of compostable and recyclable food service ware options in San Leandro in accordance with the City’s stated policy goal to eliminate the use of polystyrene foam food service ware in all possible applications. (d) Emergency supplies or services procurement: Food vendors, City departments, City facilities, and contractors shall be exempt from the provisions of this Article, in a situation deemed by the City Manager to be an emergency for the immediate preservation of the public peace, health or safety. 3-8-230 ENFORCEMENT AND PENALTIES. (a) The Public Works Services Director, or the Director’s designee, shall have the primary responsibility for enforcement of this Article. If the Director or his/her designee determines that a violation of this Article has occurred, he/she shall issue a written warning notice to the food vendor that a violation has occurred. Subsequent violations of the Article by a food vendor shall be subject to the enforcement and penalties set forth below. (b) Any violation of this Article that occurs after the issuance of a written warning to a food vendor is subject to an administrative citation pursuant to Article 1-12-400 et seq. of the San Leandro Municipal Code. (c) The San Leandro City Attorney may seek legal, injunctive, or any other relief to enforce the provisions of this Article. 3-8-240 EFFECTIVE DATE. This ordinance shall take effect on November 1, 2012. SECTION II. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of San Leandro hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof is declared invalid or unenforceable. SECTION III. EFFECTIVE DATE AND PUBLICATION. This ordinance shall take effect on November 1, 2012. The title thereof shall be published once and a complete copy thereof shall be posted on the City Council Chamber bulletin board for five (5) days prior to its second reading by the City Council. Introduced by Councilmember ___________________ on this __ day of _________, 2011, passed to print by the following called vote: Members of the Council: AYES: NOES: ABSENT: ATTEST: ______________________________________ Marian Handa, City Clerk Passed and adopted this __ day of _________, 2011, after publication on _________, 2011, by the following called vote: Members of the Council: AYES: NOES: ABSENT: ATTEST: ______________________________________ Marian Handa, City Clerk 1691289.1  ORDINANCE NO. 04542 BOARD OF SUPERVISORS, COUNTY OF SAN MATEO, STATE OF CALIFORNIA * * * * * * AN ORDINANCE ADDING CHAPTER 4.107, COMPRISING OF SECTIONS 4.107.010 THROUGH 4.107.080 TO TITLE 4 OF THE SAN MATEO COUNTY ORDINANCE CODE PROHIBITING FOOD VENDORS FROM USING POLYSTYRENE BASED DISPOSABLE FOOD SERVICE WARE The Board of Supervisors of the County of San Mateo, State of California, ORDAINS as follows SECTION 1. Chapter 4.107, comprising of sections 4.107.010 through 4.107.080, is hereby added to Title 4 of the San Mateo County Ordinance Code and shall read as follows: Chapter 4.107 PROHIBITION ON THE USE OF POLYSTYRENE BASED DISPOSABLE FOOD SERVICE WARE BY FOOD VENDORS 4.107.010 Findings and purpose. The Board of Supervisors finds and determines that: (a) Polystyrene is a petroleum-based, lightweight plastic material commonly used as food service ware by retail food vendors operating in the County of San Mateo. Polystyrene, often referred to by the trademark Styrofoam, has also become a problematic environmental pollutant given its non-biodegradable, and nearly non- reusable nature. (b) Polystyrene-based, single-use food service ware constitutes a substantial portion of the litter within the County of San Mateo. (c) Effective ways to reduce the negative environmental impacts of disposable food service ware include reusing or recycling food service ware and using  compostable materials made from renewable resources such as paper, cardboard, corn starch, potato starch, and/or sugarcane. (d) This Board does, accordingly, find and declare that it should restrict the use by food vendors of polystyrene-based disposable food service ware. 4.107.020 Definitions. For purposes of this chapter, the following terms have the following meanings: (a) “Disposable food service ware” means single-use disposable products used in the restaurant and food service industry for serving or transporting prepared, ready-to- consume food or beverages. This includes but is not limited to plates, cups, bowls, trays and hinged or lidded containers, also known as clamshells. This does not include straws, utensils, or cup lids nor does it include disposable packaging for unprepared foods. (b) “Food vendor” means any vendor, business, organization, entity, group or individual, including a licensed retail food establishment that provides prepared food at a retail level. (c) ”Polystyrene-based” means and includes expanded polystyrene, which is a thermoplastic petrochemical material utilizing a styrene monomer and processed by any number of techniques including , but not limited to fusion of polymer spheres (expandable bead polystyrene), injection molding, form molding, and extrusion-blow molding (extruded foam polystyrene). The term “polystyrene” also includes polystyrene that has been expanded or blown using a gaseous blowing agent into a solid foam (expanded polystyrene (EPS)), and clear or solid polystyrene known as oriented polystyrene. (d) "Prepackaged food" means any properly labeled processed food, prepackaged to  prevent any direct human contact with the food product upon distribution from the manufacturer, and prepared at an approved source. (e) “Prepared food” means food or beverages, which are serviced, packaged, cooked, chopped, sliced, mixed, brewed, frozen, squeezed or otherwise prepared. Prepared food does not include eggs, fish, meat, poultry, and foods containing these raw animal foods requiring cooking by the consumer as recommended by the Food and Drug Administration. 4.107.030 Prohibited use polystyrene-based disposable food service ware. No food vendor shall use polystyrene-based disposable food service ware when providing prepared food. 4.107.040 Exemptions. (a) Prepackaged food is exempt from the provisions of this chapter. (b) Polystyrene coolers and ice chests intended for reuse are exempt from the provisions of this chapter. (c) Food vendors at the San Francisco International Airport are exempt from the provisions of this chapter. 4.107.050 Request For An Exemption. Any food vendor may seek an exemption from the requirements of this chapter upon demonstrating that strict application of the requirements would cause undue hardship. (a) An "undue hardship" shall be found in: (1) Situations unique to the food vendor where a suitable alternative does not exist for a specific application; and/or (2) Situations where no reasonably feasible available alternative exists to a  specific and necessary container prohibited by this chapter. (b) The application process for exemption shall be as follows: (1) The food vendor seeking an exemption shall submit a written exemption request to the Environmental Health Division. (2) A written exemption request shall include all information and documentation necessary for the Director of the Environmental Health Division to make a finding that imposition of this chapter would cause an undue hardship as defined in Section 4.107.050(a). (3) The Director of the Environmental Health Division may require the applicant to provide additional information in order to make a determination regarding the exemption application. (4) Exemption decisions are effective immediately and are final and not subject to appeal. (5) The Director of the Environmental Health Division or his/her designee may grant an exemption for a period of up to one year upon a finding that the food vendor seeking the exemption has demonstrated that strict application of the specific requirement would cause undue hardship as defined in 4.107.050 (a). (c) If a food vendor granted an exemption wishes to have the exemption extended, it must re-apply for the exemption prior to the expiration of the one year exemption period and demonstrate continued undue hardship. Extensions may be granted for intervals not to exceed one year. 4.107.060 Administrative fine. (a) Grounds for Fine. A fine may be imposed upon findings made by the Director of the Environmental Health Division, or his or her designee, that any food vendor  has used polystyrene-based disposable food service ware in violation of this Chapter. (b) Amount of Fine. Upon findings made under subsection (a), the food vendor shall be subject to an administrative fine as follows: (1) A fine not exceeding one hundred dollars ($100) for a first violation; (2) A fine not exceeding two hundred dollars ($200) for a second violation; (3) A fine not exceeding five hundred dollars ($500) for the third and subsequent violations; (4) Each day that a food vendor uses polystyrene-based disposable food service ware when providing prepared food shall constitute a separate violation. (c) Fine Procedures. Notice of the fine shall be served on the food vendor. The notice shall contain an advisement of the right to request a hearing before the Director of the Environmental Health Division or his or her designee contesting the imposition of the fine. The grounds for the contest shall be either that (1) the food vendor did not use polystyrene-based disposable food service ware when providing prepared food or (2) the food vendor would have been granted an exemption under 4.107.050 if the food vendor had applied for such exemption. Said hearing must be requested within ten days of the date appearing on the notice of the fine. The decision of the Director of the Environmental Health Division shall be based upon a finding that one of the above listed grounds for a contest have been met and shall be a final administrative order, with no administrative right of appeal. (d) Failure to Pay Fine. If said fine is not paid within 30 days from the date appearing on the notice of the fine or of the notice of determination of the Director of the Environmental Health Division or his or her designee after the hearing, the fine  shall be referred to a collection agency. 4.107.070 Severability. If any provision of this chapter or the application of such provision to any person or in any circumstances shall be held invalid, the remainder of this chapter, or the application of such provision to person or in circumstances other than those as to which it is held invalid, shall not be affected thereby. 4.107.080 Enforcement of this chapter when adopted. The Environmental Health Division is hereby directed to enforce Chapter 4.107 of Title 4 within an incorporated area of the County of San Mateo if the governing body of that incorporated area does each of the following: (a) Adopts, and makes part of its municipal code: (1) Chapter 4.107 of Title 4 in its entirety by reference; or (2) An ordinance that contains each of the provisions of Chapter 4.107 of Title 4; (b) Authorizes, by ordinance or resolution, the Environmental Health Division to enforce the municipal code adopted pursuant to subsection (a) of this section, such authorization to include, without limitation, the authority to hold hearings and issue administrative fines within the incorporated area of the public entity. SECTION 2. This Ordinance shall be effective as of July 1, 2011. *******  ORDINANCE NO. _____ AN ORDINANCE OF THE COUNTY OF SANTA CRUZ AMENDING CHAPTER 5.46 OF THE COUNTY CODE PERTAINING TO THE USE AND SALE OF POLYSTYRENE FOAM Chapter 5.46 ENVIRONMENTALLY ACCEPTABLE MATERIALS Sections: 5.46.010 Findings and intent. 5.46.020 Definitions. 5.46.030 Prohibited Food Service Ware and Products. 5.46.035 Non-food Packaging Material. 5.46.040 Required Biodegradable/Compostable or Recyclable Disposable Food Service Ware 5.46.050 Implementation; county contracts and leases. 5.46.060 Exemptions. 5.46.070 Enforcement. 5.46.080 Violations. 5.46.090 Severability. 5.46.100 No conflict with federal or state law. 5.46.110 Preemption. 5.46.010 Findings and intent. The Board of Supervisors finds and declares: A. The County of Santa Cruz has a duty to protect the natural environment, our economy, and the health of its citizens. B. Products made from expanded polystyrene foam (commonly called Styrofoam) are not biodegradable, returnable or recyclable. Polystyrene foam easily breaks up into smaller pieces and because it is lightweight, is carried by the wind even when it has been disposed of properly. C. As litter, polystyrene foam is highly durable, persisting and detracting from the appearance of an area longer than any other type of litter. There is a prevalence of polystyrene foam debris littering our parks and public places, streets and roads, waterways, storm drains and beaches. This litter ultimately floats, or is blown, into the Monterey Bay. This litter exists at a financial cost to residents and an environmental cost to our natural resources. D. The County of Santa Cruz is situated at the edge of the Monterey Bay National Marine Sanctuary. Marine animals and birds often confuse  polystyrene foam pieces as a food source which, when ingested, can impact the digestive track which often leads to death. E. The U.S. EPA has stated that the physical properties of polystyrene foam are such that “the material can have serious impacts on human health, wildlife, the aquatic environment and the economy.” According to the U.S. Food and Drug Administration, there is medical evidence to suggest that styrene, a primary component of polystyrene foam, leaches from polystyrene foam containers into food and drink. The general public, especially the non-English speaking community, is not typically warned of any potential hazard from styrene. A 1986 EPA study detected Styrene in the fat tissue of every man, woman and child tested. F. Discarded polystyrene constitutes a significant portion of the County of Santa Cruz waste stream. Laws, policies and regulations pertaining to material which is difficult to recycle have become a vital component in the efforts to reduce the amount of disposed waste. G. It is not economically feasible to recycle polystyrene in Santa Cruz County. Eliminating the use of polystyrene foam and other non- compostable, and nonrecyclable items will maximize the operating life of our landfills and will lessen the economic and environmental costs of waste management for businesses and citizens of Santa Cruz County. H. Food waste, including food related packaging, makes up more than thirty percent of the county of Santa Cruz waste stream and the county of Santa Cruz has adopted a policy and program goal of establishing municipal level composting to manage this portion of the waste stream. Countywide composting will help the county to achieve its zero waste goal, including seventy-five percent landfill diversion by the year 2010. If polystyrene foam is found within compost feedstock, the compost is rendered unmarketable and unusable because the application of such compost degrades the soil. I. At the present time, over fifty businesses in the county of Santa Cruz engage in organics recycling and it has been demonstrated that the use of biodegradable or compostable food service ware can reduce waste disposal costs when the products are taken to composting facilities as part of an organics recycling program rather than disposed in a landfill. Compost produced from biodegradable products can be used as a soil amendment for farms, landscaping and gardens thereby moving towards a healthier zero waste system. J. Biodegradable/compostable and recyclable take-out food packaging such as cups, plates, hinge containers, cutlery and straws are made from organic materials such as paper, sugarcane stalk, corn waste and potato starch.  These products are available locally and are competitively priced. (Ord. 4920 § 2 (part), 4/8/08) K. According to local environmental organizations, despite the passage of the County’s Environmentally Acceptable Packaging Materials Ordinance in 2008, polystyrene foam is still one of the most abundant types of litter found during beach cleanups. L. According to the California Department of Resources Recycling and Recovery (CalRecycle) polystyrene’s overall environmental impacts were the second highest of any product, behind only aluminum, M. Styrene is a suspected carcinogen and neurotoxin which potentially threatens human health. N. Alternative products exist for almost all uses of polystyrene foam. O. Due to these concerns nearly 100 cities have banned polystyrene foam food service ware including several California cities, and many local businesses and several national corporations have successfully replaced polystyrene foam and other non-biodegradable food service ware with affordable, safe, biodegradable products. P. Restricting the use of polystyrene foam products will further protect the public health and safety of the residents of the County of Santa Cruz, the County’s natural environment, waterways and wildlife, would advance the County’s goal of limiting greenhouse gas impacts, and contribute toward the County’s goal of Zero Waste. 5.46.020 Definitions. Unless otherwise expressly stated, whenever used in this chapter the following terms shall have the meanings set forth below: “Affordable” means purchasable by the Food Vendor for same or less purchase cost than the non-Biodegradable, non-Polystyrene Foam alternative. “ASTM Standard” means meeting the standards of the American Society for Testing and Materials (ASTM) International standards D6400 or D6868 for biodegradable and compostable plastics. “Biodegradable” means the entire product or package will completely break down and return to nature, i.e., decompose into elements found in nature within a reasonably short period of time after customary disposal. “Compostable” means all materials in the product or package will break down into, or otherwise become part of, usable compost (e.g., soil-conditioning material, mulch) in a safe and timely manner in an appropriate composting program or facility, or in a home compost pile or device. Compostable Disposable Food Service Ware includes ASTM-Standard Bio-Plastics (plastic-like products) that are clearly labeled, preferably with a color symbol, such that any compost collector and processor can easily distinguish the ASTM Standard Compostable plastic from non-ASTM Standard Compostable plastic. For the purposes of this chapter the term biodegradable shall have the same meaning as compostable. This chapter uses the terms biodegradable and compostable interchangeably and in all cases whether the terms are used separately, in the disjunctive or in the conjunctive they shall always be interpreted and applied consistent with the definition of the term “compostable.” “County” or “County of Santa Cruz” means all that territory within the unincorporated area of the county of Santa Cruz, state of California. “County contractors and lessees” means any person or entity that has a contract with the county for public works or improvements to be performed, for a franchise, concession or lease of property, for grant monies or goods and services or supplies to be purchased at the expense of the county, or to be paid out of monies deposited in the treasury or out of trust monies under the control or collected by the county. “County facilities” means any building, structure or vehicles owned or operated by the county of Santa Cruz, its agent, agencies, departments and franchisees. “County facility food provider” means any entity that provides prepared food in county facilities. “Disposable food service ware” is interchangeable with “to go” packaging and includes all containers, bowls, plates, trays, cartons, cups, lids, straws, stirrers, forks, spoons, knives, napkins and other items designed for one-time use for prepared foods, including without limitation, service ware for takeout foods and/or leftovers from partially consumed meals prepared by food providers. The term “disposable food service ware” does not include items composed entirely of aluminum or polystyrene foam coolers and ice chests that are intended for reuse. “Food provider” means any business, organization, entity, group or individual, and including retail food establishments, located in the county that offers food or beverage to the public. “Person” means an individual, trust, firm, joint stock company, corporation including a government corporation, partnership, or association. “Polystyrene foam” means blown polystyrene and expanded and extruded foams (sometimes called StyrofoamTM) which are thermoplastic, petrochemical materials utilizing a styrene monomer and processed by any number of techniques including, but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding, and extrusion-blown molding (extruded foam polystyrene). Polystyrene foam is generally used to make cups, bowls, plates, trays, clamshell containers, meat trays and egg cartons. The term “polystyrene” also include clear or solid polystyrene which is know as “oriented polystyrene.” “Prepared food” means food or beverages, which are served, packaged, cooked, chopped, sliced, mixed, brewed, frozen, squeezed or otherwise prepared on the food provider’s premises or within the county of Santa Cruz. For the purposes of this chapter, prepared food does not include packaging for raw, butchered meats, fish and/or poultry sold from a butcher case or similar retail appliance. Prepared food may be eaten either on or off the premises, also known as “takeout food.” “Recyclable” means material that can be sorted, cleansed, and reconstituted using recycling collection programs available in Santa Cruz County for the purpose of using the altered form in the manufacture of a new product. Recycling does not include burning, incinerating, converting, or otherwise thermally destroying solid waste. “Retail food establishment” means all sales outlets, stores, shops, vehicles or other places of business located within the county of Santa Cruz which operate primarily to sell or convey foods or beverages directly to the ultimate consumer, which foods or beverages are predominantly contained, wrapped or held in or on packaging. Retail food establishment shall include, but not be limited to, any place where food is prepared, mixed, cooked, baked, smoked, preserved, bottled, packaged, handled, stored, manufactured and sold or offered for sale, including, but not limited to, any fixed or mobile restaurant, drive-in, coffee shop, cafeteria, short-order cafe, delicatessen, luncheonette, grill, sandwich shop, soda fountain, hotel, motel, movie house, theatre, bed and breakfast inn, tavern, bar, cocktail lounge, nightclub, roadside stand, take-out prepared food place, industrial feeding establishment, catering kitchen, mobile food preparation unit, commissary, grocery store, public food market, produce stand, food stand, or similar place in which food or drink is prepared for sale or for service on the premises or elsewhere, and any other establishment or operation where food is processed, prepared, stored, served or provided for the public; and any organization group or individual which provides food or beverage as part of its service or in conjunction with a special event it sponsors. (Ord. 4920 § 2 (part), 4/8/08) “Special Event” means an applicant for any special events permit issued by the County or any County employee(s) responsible for any organized special event. “Retail vendor” means any store or other business that sells goods or merchandise located or operating within the unincorporated area of the County of Santa Cruz. 5.46.030 Prohibited disposable food service. A. Retail food establishments shall not sell, hand out, give away, distribute or otherwise make available for public or customer use prepared food in disposable food service ware that contains polystyrene foam. B. County facility food providers may not provide prepared food in disposable food service ware that contains polystyrene foam. C. County departments may not purchase, acquire or use disposable food service ware that contains polystyrene foam. D. County contractors and lessees may not use disposable food service ware that contains polystyrene foam. (Ord. 4920 § 2 (part), 4/8/08) 5.46.031 Prohibited retail sales No retail vendor or special event in the unincorporated area of the County of Santa Cruz may sell, rent or otherwise provide any product which is composed entirely or primarily of polystyrene foam, except as exempted in section 5.46.060 below. This specifically includes but is not limited to cups, plates, bowls, clamshells and other products intended primarily for food service use, as well as coolers, pool or beach toys, packing peanuts or other packaging materials. 5.46.035 Non-food packaging material. It shall also be a policy goal of the county that business establishments located outside the county of Santa Cruz shall not package any non-food product in any package which utilizes polystyrene foam both block polystyrene or packing peanuts; or purchase, obtain, keep, distribute or sell for home or personal use, or give, or otherwise provide to customers any packaging which utilizes polystyrene foam. The county shall promote and encourage, on a voluntary basis, the elimination of all polystyrene foam packaging. (Ord. 4920 § 2 (part), 4/8/08) 5.46.040 Required biodegradable/compostable or recyclable disposable food service. A. All retail food establishments utilizing any disposable food service ware shall use a biodegradable/compostable or recyclable product, unless there is no affordable product available as determined by the director of public works in accordance with this subsection and Section 5.46.060(B). Not later than thirty days before the operative date of this chapter, and after a public hearing, the director of public works shall adopt a list of available suitable affordable biodegradable/compostable or recyclable alternatives for each product type. The director of public works shall regularly update the list. B. All county facilities and departments using any disposable food service ware shall use biodegradable/compostable or recyclable disposable food service ware unless there is no affordable biodegradable or compostable product available as determined by the director of public works in accordance with subsection A of this section. C. County contractors and lessees using any disposable food service ware shall use biodegradable/compostable or recyclable disposable food service ware in city/county facilities while performing under a county contract or lease unless there is no affordable biodegradable or compostable product available as determined by the director of public works in accordance with subsection A of this section. (Ord. 4920 § 2 (part), 4/8/08) 5.46.050 Implementation; county contracts and leases. A. The public works director is authorized to promulgate regulations, guidelines and forms and to take any and all other actions reasonable and necessary to enforce this chapter. B. All county contracts and leases, shall contain the following minimum language: “Contractor agrees to comply fully with and be bound by all of the provisions of the food packaging ordinance as set forth in the Santa Cruz County Code Chapter 5.46 including the remedies provided, and implementing guidelines and rules. The provisions of this chapter are incorporated herein by reference and made a part of this agreement as though fully set forth. This provision is a material term of this agreement. By entering into this agreement, the contractor agrees that if it breaches this provision, the county will suffer actual damages that will be impractical or extremely difficult to determine; further, contractor agrees that the sum of one hundred dollars liquidated damages for the first breach, two hundred dollars liquidated damages for the second breach in the same year, and five hundred dollars liquidated damages for subsequent breaches in the same year is a reasonable estimate of the damage that the county will incur based on the violation, established in light of the circumstances existing at the time this agreement was made. Such amounts shall not be considered a penalty, but rather agreed monetary damages sustained by the county because of contractor’s failure to comply with these provisions.” (Ord. 4920 § 2 (part), 4/8/08) 5.46.060 Exemptions. A. There are no exemptions that allow for the use of polystyrene foam disposable food service ware. B. The Board of Supervisors may exempt a retail vendor or special event from the requirements of this chapter for a one year period upon showing that this chapter would create an undue hardship or practical difficulty not generally applicable to other persons in similar circumstances. The director of public works shall put the decision to grant or deny a waiver in writing and it shall be final. C. A retail vendor or special event granted an exemption must re-apply prior to the end of the one year exemption period and demonstrate continued undue hardship, if it wishes to have the exemption extended. Extensions may only be granted for intervals not to exceed one year. D. An exemption application shall include all information necessary for the county to make its decision, including but not limited to documentation showing the factual support for the claimed exemption. The director may require the applicant to provide additional information to determine facts regarding the exemption application. E. The director may approve the exemption application, in whole or in part, with or without conditions. F. Foods prepared or packaged outside the county and sold inside the county are exempt from the provisions of this chapter. Purveyors of food prepared or packaged outside the county are encouraged to follow the provisions of this chapter. G. Products which pose a small risk of becoming litter or in which polystyrene foam is included for insulating or flotation purposes and is completely encased in more durable material are exempt from the provisions of this ordinance. Examples include surfboards, boats, life preservers, construction materials, craft supplies and durable coolers not principally composed of polystyrene. H. Packaging for meat is exempt from the provisions of this chapter. I. Packaging for medical devices and for harvesting and storage of grapes is exempt from the provisions of this chapter. 5.46.070 Enforcement. Enforcement of this chapter shall be as follows: A. The Director of Public Works, or designee, shall have primary responsibility for enforcement of this chapter and shall have authority to issue citations for violation of this chapter. The director, or designee, is authorized to establish regulations or administrative procedures to obtain compliance with this chapter, including, but not limited to, inspecting any vendor’s premises to verify compliance in accordance with applicable law. B. Anyone violating or failing to comply with any of the requirements of this chapter or of any regulation or administrative procedure authorized by it shall be guilty of an infraction. C. The county attorney may seek legal, injunctive, or any other relief to enforce this chapter and any regulation or administrative procedure authorized by it. D. The remedies and penalties provided in this chapter are cumulative and not exclusive of one another. E. The county may inspect any retail vendor’s or special event’s premises to verify compliance with this chapter. (Ord. 4920 § 2 (part), 4/8/08) 5.46.080 Violations. Violations of this chapter shall be enforced as follows: A. For the first violation, the Director of Public Works, or the Director’s designee, upon determination that a violation of this chapter has occurred, shall issue a written warning notice to the retail vendor or special event promoter specifying that a violation of this chapter has occurred, along with the appropriate penalties in the event of future violations. The vendor will have thirty days to comply. B. The following penalties will apply for subsequent violations of this chapter: 1. A fine not exceeding one hundred dollars for the first violation thirty days after the first warning. 2. A fine not exceeding two hundred dollars for the second violation sixty days after the first warning. 3. A fine not exceeding five hundred dollars for the third violation ninety days after the first warning, and for every thirty days not in compliance. C. Vendors or special events who violate this chapter in connection with commercial or noncommercial special events shall be assessed fines as follows: 1. A fine not exceeding two hundred dollars for an event of one to two hundred persons. 2. A fine not exceeding four hundred dollars for an event of two hundred one to four hundred persons. 3. A fine not exceeding six hundred dollars for an event of four hundred one to six hundred persons. 4. A fine not exceeding one thousand dollars for an event of six hundred one or more persons. (Ord. 4920 § 2 (part), 4/8/08) 5.46.090 Severability. The provisions of this chapter are declared to be severable and if any provision, sentence, clause, section or part of this chapter is held illegal, invalid, unconstitutional or inapplicable to any person or circumstances, such illegality, invalidity or unconstitutionality or inapplicability shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this chapter or their application to persons and circumstances. (Ord. 4920 § 2 (part), 4/8/08) 5.46.100 No conflict with federal or state law. Nothing in this chapter shall be interpreted or applied so as to create any requirement, power or duty in conflict with any federal or state law. (Ord. 4920 § 2 (part), 4/8/08) 5.46.110 Preemption. The provisions of this chapter shall be null and void on the day that California statewide legislation or federal legislation goes into effect, incorporating either the same or substantially similar provisions as are contained in this chapter, or in the event that a pertinent California state or federal administrative agency issues and promulgates regulations, preempting such action by the county of Santa Cruz. The board of supervisors shall determine by ordinance whether or not identical or substantially similar statewide legislation has been enacted for the purposes of triggering the provisions of this section. (Ord. 4920 § 2 (part), 4/8/08)  Order 223-11/12 Passage: 9-0 6/18/12 MICHAEL F. BRENNAN (MAYOR) JOHN R. COYNE (5) KEVIN J. DONOGHUE (1) CITY OF PORTLAND JOHN M. ANTON (A/L) DAVID A. MARSHALL (2) IN THE CITY COUNCIL JILL C. DUSON (A/L) EDWARD J. SUSLOVIC (3) NICHOLAS M. MAVODONES (A/L) CHERYL A. LEEMAN (4) ORDER INSTRUCTING THE TRANSPORTATION, ENERGY AND SUSTAINABILITY COMMITTEE TO CONSIDER AN ORDINANCE OR RECOMMENDATION BANNING THE SALE OF NON-RECYCLABLE POLYSTYRENE FOAM (PSF) CONTAINERS ORDERED, that the Transportation, Energy and Sustainability Committee shall consider an ordinance or recommendation to ban the sale of non-recyclable polystyrene foam (PSF) containers within the City of Portland and take subsequent action as the Committee deems appropriate.