Bill
No.
41-14
Concerning: Solid Waste <Trash) - Food
Service Products -
Packaging
Materials - Requirements
Revised: October
30. 2014
Draft No.
L
Introduced:
September
9. 2014
Enacted:
Januarv
20. 2015
Executive:~-------­
Effective:
~-------~
Sunset Date:
_,_,No=n=e~-----
Ch. _ _,
Laws
of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Councilmember Riemer, Council Vice President Leventhal and Councilmember Eirich
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
Underlining
[Single boldface brackets]
Double underlinino
[[Double boldface bracketsD
Heading or defined term.
Added to existing law
by
original bill
Deletedfrom existing law by original bill.
Added
by
amendment
Deletedfrom existing law or the bill by amendment.
Existing law unqffected by bill
The County Council for Montgomery County, Maryland approves the following Act:
 PDF to HTML - Convert PDF files to HTML files
BILL No. 41-14
1
2
3
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.
4
5
6
7
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
~
8
9
plastic like product that meets the AS1M
1O
11
standard.
Compostable
means material that will break down into, or otherwise become
12
13
14
part
Qf.
usable
compost~
soil-conditioning material, mulch)
in~
safe and
timely manner in an appropriate composting program or facility, or
in~
home
compost pile or device. Compostable disposable food service ware includes
AS1M standard bioplastics that are clearly labeled, preferably with
~
15
16
17
color
symbol, such that any compost collector and processor can easily distinguish
the compostable AS1M standard bioplastic from non-AS
JM
standard plastic.
Disposable {Ood service ware
means containers, bowls, plates, trays, cartons.
18
19
20
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
fil'
~food
21
22
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
23
24
foams that are thermoplastic petrochemical materials utilizing
monomer and processed
~
styrene
25
26
27
fil'
~
number of techniques, including fusion of
polymer spheres (expandable bead polystyrene), injection molding. foam
molding, and extrusion-blow molding (extruded foam polystyrene).
-2-
 PDF to HTML - Convert PDF files to HTML files
BILL No. 41-14
28
29
30
31
32
33
34
Expanded polystyrene toad service products
means food containers, plates, hot
and cold beverage cups, meat and vegetable trays,
~
cartons. and other
products made of expanded polystyrene and used for selling, providing, or
serving food that are:
ill
intended
ID:
the manufacturer to be used once for eating or
drinking; or
ill
generally recognized
ID:
the public as items to be discarded after
one use.
35
36
37
38
39
40
41
Food service business
means .!! full-service restaurant, limited-service
restaurant, fast food restaurant, cafe, delicatessen, coffee shop, supermarket,
grocery store, vending truck or
gfil..
food truck, business or institutional
cafeteria, including those operated
ID:
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
Jill
packaging
means a void-filling packaging product made
42
43
44
45
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.!!
46
cost-effective manner using recycling collection programs provided in the
County for the purpose of using the altered form in the manufacture of.!! new
product.
Recycling does not include burning, incinerating, converting or
47
48
49
50
otherwise thermally destroying solid waste.
48-53. Prohibition on .!!§£of expanded polystyrene food service products.
51
52
(fil
A food service business must not sell or provide food in expanded
polystyrene food service products, regardless of where the food will be
consumed.
53
54
®
Subsection
ill}
does not
mmly
to:
-3-
 PDF to HTML - Convert PDF files to HTML files
BILL NO. 41-14
55
56
57
58
ill
food or beverages that were filled and sealed in expanded
polystyrene containers outside of the County before
service business received them; or
~
food
ill
materials used to package raw, uncooked, or butchered meat, fish,
poultry, or seafood for off- premises consumption.
59
60
61
48-54. Compostable or recyclable disposable food
service~
required.
W
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.
62
63
64
65
66
67
68
{hl
A County contractor or lessee
!!filng
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.
69
70
(£)
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
I]
This subsection does
not~
to:
71
72
73
74
75
76
77
ill
prepackAAed food or beverages that were filled and sealed outside
of the County before
~
food service business received them; or
78
79
al
materials used to package raw. uncooked. or butchered meat. fish.
poultry. or seafood for off-premises consumption.
80
81
48-55. Education and outreach; [[Recyclable]] recyclable and compostable food
service~
list.
-4-
 PDF to HTML - Convert PDF files to HTML files
BILLN0.41-14
82
83
84
85
86
87
88
89
90
91
92
U!)
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:
ill
infoonational mailers
to
and direct contact with affected
businesses: and
ill
ill
£1U
distribution of information through Countv internet and web-
based resources:
and
news releases and news events.
No later than 180 days after the effective date of this Act, the Executive
must publish
~
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
~
years after
i!
is first
published.
48-56. Prohibition on sale.
93
94
95
96
97
A person must not sell or offer for sale in the County:
W
(hl
expanded polystyrene food service products; or
polystyrene loose fill packaging.
98
99
100
101
102
103
104
105
106
107
108
48-57. Exemptions.
If
the Executive determines that there is no available affordable compostable
or recyclable alternative to
54 do not
.!!PPlY
to
~
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-
~
disposable food service ware item on the exemption list or for
the
first
.Q
months after an item is removed from the list. The Executive must review
and update the exemption list annually
to
detennine whether any items should
be
removed because an affordable compostable or recyclable alternative has become
available.
48-58. Enforcement.
-5-
 PDF to HTML - Convert PDF files to HTML files
BILL No. 41-14
109
11 O
111
112
113
W
(hl
Any violation of this Article is
f!
class B civil violation. Each day
f!
violation exists is!! Stl}Jarate offense.
The County Attorney
[[Qr
any affected party]] may file an action in
f!
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.
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
-6-
 PDF to HTML - Convert PDF files to HTML files
BILL
No.
41-14
132
Approved:
133
~~rctJ
George Leventhal, President, County Council
I
/:z-z,/i
S
Date
Date
134
Approved:
135
Isiah Leggett, County Executive
136
This is a correct copy ofCouncil action.
137
Linda M. Lauer, Clerk of the Council
Date
-7-