Bill No.                41-14                        

Concerning: Solid Waste (Trash) – Food Service Products – Packaging Materials – Requirements             

Revised:  October 30, 2014  Draft No. 6

Introduced:      September 9, 2014         

Enacted:         January 20, 2015            

Executive:       January 28, 2015            

Effective:        January 1, 2016             

                       § 48-54(c) January 1, 2017

Sunset Date:  None                             

Ch.      1   , Laws of Mont. Co.    2015    

 

County Council

For Montgomery County, Maryland

 

By: Councilmember Riemer, Council Vice President Leventhal and Councilmember Elrich

 

AN ACT to:

(1)   prohibit the use of certain expanded polystyrene food service products by food service businesses;

(2)   require the use of compostable or recyclable food service ware by the County, County contractors or lessees, and food service businesses;

(3)   prohibit the sale of certain expanded polystyrene food service products and polystyrene loose fill packaging;

(4)   provide for enforcement; and

(5)   generally amend County law regarding environmentally acceptable food service products and packaging materials.

 

By adding

            Montgomery County Code

            Chapter 48, Solid Waste (Trash)

            Article VI, Disposable Food Service Products and Packaging Materials

            Sections 48-52, 48-53, 48-54, 48-55, 48-56, 48-57, and 48-58

 

Boldface                                             Heading or defined term.

Underlining                                          Added to existing law by original bill.

[Single boldface brackets]                  Deleted from existing law by original bill.

Double underlining                              Added by amendment.

[[Double boldface brackets]]              Deleted from existing law or the bill by amendment.

*   *   *                                                  Existing law unaffected by bill.

 
 

 

 

 

 

 

 


The County Council for Montgomery County, Maryland approves the following Act:


          Sec. 1.  Article VI (Sections 48-52, 48-53, 48-54, 48-55, 48-56, 48-57, and 48-58) of Chapter 48 is added as follows:

ARTICLE VI.  Disposable Food Service Products and Packaging Materials.

48-52. Definitions.

In this Article, the following terms have the meanings indicated:

ASTM standard means the American Society for Testing and Materials (ASTM) International Standards D6400 or D6868 for biodegradable and compostable plastics.

ASTM standard bioplastic means a plastic like product that meets the ASTM standard.

Compostable means material that 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 bioplastics that are clearly labeled, preferably with a color symbol, such that any compost collector and processor can easily distinguish the compostable ASTM standard bioplastic from non-ASTM standard plastic. 

Disposable food service ware means containers, bowls, plates, trays, cartons, cups, lids, straws, forks, spoons, knives, napkins, and other items that are designed for one-time use for beverages, prepared food, or leftovers from meals prepared by a food service business. The term “disposable food service ware” does not include items composed entirely of aluminum.

Expanded polystyrene means blown polystyrene and expanded and extruded foams that are thermoplastic petrochemical materials utilizing a styrene monomer and processed by a number of techniques, including fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding, and extrusion-blow molding (extruded foam polystyrene).

Expanded polystyrene food service products means food containers, plates, hot and cold beverage cups, meat and vegetable trays, egg cartons, and other products made of expanded polystyrene and used for selling, providing, or serving food that are:

(1)     intended by the manufacturer to be used once for eating or drinking; or

(2)     generally recognized by the public as items to be discarded after one use.

Food service business means a full-service restaurant, limited-service restaurant, fast food restaurant, cafe, delicatessen, coffee shop, supermarket, grocery store, vending truck or cart, food truck, business or institutional cafeteria, including those operated by or on behalf of County departments and agencies, and other business selling or providing food within the County for consumption on or off the premises.

Polystyrene loose fill packaging means a void-filling packaging product made of expanded polystyrene that is used as packaging fill.  Polystyrene loose fill packaging is commonly referred to as packing peanuts.

Recyclable means material that can be sorted, cleansed, and reconstituted in a cost-effective manner using recycling collection programs provided in the 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.

48-53.  Prohibition on use of expanded polystyrene food service products.

(a)     A food service business must not sell or provide food in expanded polystyrene food service products, regardless of where the food will be consumed.

(b)     Subsection (a) does not apply to:

(1)     food or beverages that were filled and sealed in expanded polystyrene containers outside of the County before a food service business received them; or

(2)     materials used to package raw, uncooked, or butchered meat, fish, poultry, or seafood for off- premises consumption.

48-54.  Compostable or recyclable disposable food service ware required.

(a)     A County facility, agency, or department using disposable food service ware must use compostable or recyclable disposable food service ware unless the Executive determines that there is no suitable affordable compostable or recyclable product available in accordance with Section 48-57.

(b)     A County contractor or lessee using disposable food service ware must use compostable or recyclable disposable food service ware unless the Executive determines that there is no suitable affordable compostable or recyclable product available in accordance with Section 48-57.

(c)      A food service business selling or providing food or beverages for consumption on or off premises in disposable food service ware must use compostable or recyclable disposable food service ware unless the Executive determines that there is no suitable affordable compostable or recyclable product available in accordance with Section 48-57.[[; provided, that this]] This subsection does not apply to:

(1)     prepackaged food or beverages that were filled and sealed outside of the County before a food service business received them; or

(2)     materials used to package raw, uncooked, or butchered meat, fish, poultry, or seafood for off-premises consumption.

48-55.  Education and outreach; [[Recyclable]] recyclable and compostable food service ware list.

(a)     Education and outreach.           The Executive must conduct an education and outreach campaign before and during implementation of the provisions of this Article.  This campaign should include:

(1)     informational mailers to and direct contact with affected businesses; and

(2)     distribution of information through County internet and web-based resources; and

(3)     news releases and news events.

(b)     No later than 180 days after the effective date of this Act, the Executive must publish a list of vendors offering affordable compostable or recyclable disposable food service ware products. The Executive must review and update this list annually for at least 5 years after it is first published.

48-56.           Prohibition on sale.

          A person must not sell or offer for sale in the County:

(a)     expanded polystyrene food service products; or

(b)     polystyrene loose fill packaging.

48-57.  Exemptions.

          If the Executive determines that there is no available affordable compostable or recyclable alternative to a disposable food service ware item, this item must be listed on an exemption list and made available to the public.  Sections 48-53 and 48-54 do not apply to a disposable food service ware item on the exemption list or for the first 6 months after an item is removed from the list.  The Executive must review and update the exemption list annually to determine whether any items should be removed because an affordable compostable or recyclable alternative has become available.

48-58.  Enforcement.

(a)     Any violation of this Article is a class B civil violation.  Each day a violation exists is a separate offense.

(b)     The County Attorney [[or any affected party]] may file an action in a court with jurisdiction to enjoin repeated violations of the Section.

Sec. 2.  Effective date.

(a)     The prohibition on use of expanded polystyrene food service products contained in Section 48-53 and the prohibition on the sale of expanded polystyrene food service products and polystyrene loose fill packaging contained in Section 48-56 take effect on January 1, 2016.

(b)     The requirement for a County facility, agency, department, contractor, or lessee to use compostable or recyclable disposable food service ware established by Subsections 48-54 (a) and (b) takes effect [[90 days after this Act becomes law]] on January 1, 2016.  Notwithstanding any other provision, a County facility, agency, department, contractor, or lessee may use disposable food service ware already purchased as of the effective date of this Act until the supplies are exhausted or until January 1, 2017, whichever is earlier, including disposable food service ware that the County facility, agency, department, contractor or lessee is obligated to purchase under any contracts in force on the effective date of this Act.

 (c)     The requirement to use compostable or recyclable disposable food service ware established by Subsection 48-54(c) takes effect on January 1, 2017.

 

Approved: