What is being proposed & who would be affected by the Ordinance?
The model ordinance addresses five areas:
- Prohibits polystyrene foam food ware distributed by food and beverage providers.
- Prohibits polystyrene foam food ware and specified polystyrene foam products sold by retail stores.
- Requires food/beverage providers and special events to use of compostable or recyclable disposable food service ware.
- Requires food/beverage providers to provide single-use straws, lids, cutlery and to-go condiment packages upon request.
- Encourages use of reusables.
The Draft ordinance would apply to those who sell or distribute disposable food ware and other specified products including 1.) food and beverage providers, 2.) retailers, and 3.) special events. Examples include restaurants, bars, retail food vendors (including any store, shop, sales outlet, convenience store, grocery store, or deli), schools, faith-based organizations and food trucks operated within a jurisdiction. This ordinance also applies to city facilities (including lessees) and special events requiring a permit from the jurisdiction.
1. Food/beverage providers:
Prohibits polystyrene foam food service ware sold, given away or distributed to customers.
Eliminates use of polystyrene foam and other non-compostable and non-recyclable items.
Requires straws, lids, cutlery and to-go condiment packages shall only be provided upon customer request.
Encourages use of reusables. Food/beverage providers are encouraged (but not required) to provide a $0.25 credit to customers bringing their own reusable containers, and to charge a $0.25 take-out fee for any combination of disposable cups, lids, straws, and/or utensils. It is assumed that money collected will go towards the purchase of ordinance-compliant disposable alternatives.
Prohibits sale of the following polystyrene foam products:
Disposable food service ware that is composed in whole or in part of polystyrene foam.
Coolers, ice chests or similar containers (excludes containers encased within a durable material).
Pool or beach toys (excludes personal flotation devices).
Packaging peanuts or other packaging materials.
3. City/County/contractors/lessees and special event promotors:
City /County facilities shall not provide prepared food in disposable food service ware that contains polystyrene foam.
City/County departments may not purchase, acquire or use disposable food service ware that contains polystyrene foam.
City/County contractors and lessees may not use disposable food service ware that contains polystyrene foam.