Agenda Item 4B
September 9, 2014
Introduction
MEMORANDUM
September 5, 2014
TO:
FROM:
County Council
»
1\-­
Food Service Products ­
Josh Hamlin, Legislative Attometf'\
SUBJECT:
Introduction:
Bill 41-14, Solid Waste (Trash)
Packaging Materials - Requirements
Bill 41-14, Solid Waste (Trash) - Food Service Products
Packaging Materials ­
Requirements, sponsored by Councilmember Riemer and Council Vice President Leventhal, is
scheduled to be introduced on September 9. A public hearing will be scheduled at a later date.
Bill 41-14 would:
(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.
Background
In 2012, the Council approved Resolution No. 17-522, expressing support for the
elimination of expanded polystyrene foodware in County Government cafeterias and
encouraging other public and private food service facilities to also consider the elimination of the
use of polystyrene foodware (See ©8-9). Expanded polystyrene ("polystyrene foam"),
frequently referred to as Styrofoam, is commonly used in disposable food containers, both for
prepackaged and carry-out prepared food. This Bill builds upon the Council's action in
Resolution 17-522, generally prohibiting certain uses of polystyrene foam food service products,
prohibiting the sale of certain polystyrene foam products, and requiring the use of compostable
or recyclable food service ware.
In
a September 2 memorandum, Councilmember Riemer briefly
discussed the basis for his proposal (See ©10). Proponents of reducing or restricting the use of
polystyrene foam say that it is harmful to both the environment and human health.
 PDF to HTML - Convert PDF files to HTML files
Environmental Impacts
Advocates for limiting the use of polystyrene foam cite the pervasive presence of the
foam as litter in the marine environment as justification for a ban.
I
A local example of this
problem has been demonstrated by the ''trash trap" in the District of Columbia along Nash Run,
which flows into the Anacostia River. According to a 2010 report prepared by the Anacostia
Watershed Society for the District Department of Environment, about 22% of average trash
volume collected by the trap was polystyrene foam? This problem is not merely aesthetic; like
other plastics, polystyrene foam photodegrades, breakirIg down into smaller and smaller pieces,
but never really going away. Fish and other aquatic wildlife often mistake the tiny pieces of
foam for food, ingest them, and suffer harm as a result.
3
Human Health Concerns
Styrene, a main ingredient in making polystyrene foam, is listed as "a reasonable
anticipated human carcinogen" in the U.S. Department of Health and Human Service's
Report on
Carcinogens,
12th
Edition
(2011). The primary risk is to workers improperly exposed to styrene
in the manufacturing process, with the primary non-occupational exposure through cigarette
smoke. However, styrene may also leach into food from polystyrene containers used for food
products, with the level of migration of styrene to food dependent on a number of factors.
4
Laws in Other Jurisdictions
The use of polystyrene foam has been restricted or prohibited in many local jurisdictions,
both county and municipal, throughout California and in the Pacific Northwest.
5
Among large
jurisdictions on the East coast, New York City enacted a ban in 2013,6 and the District of
Columbia did so in June of this year.
7
A ban has been considered in Baltimore City, but has not
been enacted, and bans have been or currently are being considered in Philadelphia, Boston, and
Chicago.
Current local laws vary in their scope, with some banning the use of polystyrene foam
only for food service, i.e., leftovers and carry-out, while others extend the prohibition to the sale
of certain polystyrene foam products, including plates, cups and packing materials. Many of the
local laws banning certain uses of polystyrene foam also require that
any
disposable food service
http://www.cleanwater.orglfiles/publications/ca!cwa fact sheet polystyrene litter 2011 03.pdf
2
See pages
ix -
xii of
"Demonstration o/Trash Reduction Technologies in the Anacostia Watershed (Nash Run
Trash Trap Project) Final Technical Report,"
found at:
http://green.dc.gov/sites/defaultlfiles!dclsites/ddoe/publicationlattachmentslNash Run IT Final Tech Report Enti
re.pdf.
3
http://www.anchoragemuseum.orglimages/downloadslgyrelLesson3 EffectsoflvlarineDebris.pdf
4
http://ntp.niehs.nih.gov!ntp/roc/twelfthlprofiles/styrene.pdf
5
The cities of Los Angeles, San Francisco, Oakland, and San Jose, and the counties of Marin, Los Angeles, and
Santa Cruz are some of the larger California jurisdictions to implement some form of polystyrene foam ban. Seattle,
Washington, and Portland Oregon have also done so. A list of cities and counties with such bans can be found at:
http://www.groundswell.orglmap-which-cities-have-banned-plastic-foaml
6
http://legistar.council.nyc.govNiew.ashx?M=F&ID=2938756&GUID=5 A837168-3319-450D-8A40­
FDF597 A3E5CC
7
http://lims.dccouncil.usllayouts/15/uploader/Download.aspx?legislationid=30722&filename=B20-0573­
SignedAct.pdf (pp.7-9).
I
2
 PDF to HTML - Convert PDF files to HTML files
ware used for food service businesses, such as plates, cups, utensils, and napkins, be
compostable or recyclable.
Bill
41-14
The provisions of Bill 41-14 prohibiting the use of certain polystyrene foam food service
products, and requiring the use of compostable or recyclable food service ware, are similar to
those of the recently enacted District of Columbia law, with identically staggered effective dates.
This consistency between neighboring jurisdictions should make it easier for businesses
operating in both jurisdictions to adjust their practices.
Bill 41-14 would prohibit food service businesses (restaurants, grocery stores,
institutional cafeterias, etc.) from using "expanded polystyrene (foam) food service products,"
such as containers, plates, cups, trays, egg cartons, effective January 1,2016. Products packaged
outside the County before receipt by the food service business, and materials used to package
raw meat, seafood, or poultry are exempt from the prohibition.
The Bill would also require the County and County contractors and lessees to use
compostable or recyclable disposable food service ware, as those terms are defined in the Bill,
effective 90 days after the Bill becomes law. "Disposable food service ware" is a broader term
than, and inclusive of, "expanded polystyrene food service products." The requirement to use
compostable or recyclable disposable food service ware would apply to food service businesses
beginning January 1,2017.
Bill 41-14 would also prohibit the
sale
of polystyrene loose fill packaging, commonly
referred to as "packing peanuts," and expanded polystyrene food service products, effective
January 1,2016. This provision is similar to provisions of the law in New York City and several
California jurisdictions.
The Executive would be required to publish, and update annually, a list of vendors
offering affordable compostable or recyclable disposable food service ware products. Also, the
Executive would be required to determine whether there is no affordable compostable or
recyclable alternative to particular disposable food service ware items, and list such items on an
exemption list. The prohibitions and requirements of the law would not apply to products on the
exemption list. The Department of Environmental Protection would be responsible for
enforcement of the law. A violation would be a Class B violation, and the County Attorney
would be authorized to seek injunctive relief.
This packet contains:
Bi1141-14
Legislative Request Report
Resolution No. 17-522
Councilmember Riemer Memo
F:\LAW\BILLS\1441 Disposable Food Service Products\lntro Memo.Doc
Circle #
1
7
8
10
3
 PDF to HTML - Convert PDF files to HTML files
Bill No.
41-14
Concerning: Solid Waste ITrash) - Food
Service Products -
Packaging
Materials - Requirements
Revised: September 4. 2014 Draft No.
§
Introduced:
September 9.2014
Expires:
March 9. 2016
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date: --'-!CNo=n=e'--_ _ _ __
Ch. _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Councilmember Riemer and Council Vice President Leventhal
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 underlining
[[Double boldface brackets]]
* * *
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 unaffected 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
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.
3
4
5
In this Article, the following tenns have the meanings indicated:
ASTM standard
means the American Society for Testing and Materials
6
7
8
9
10
(ASTM) International Standards D6400 or D6868 for biodegradable and
compostable plastics.
ASTM standard bioplastic
means
!!
plastic like product that meets the ASTM
standard.
Compostable
means material that will break down into, or otherwise become
11
12
13
part
Qt
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
ASTM standard bioplastics that are clearly labeled, preferably with
!!
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,
14
15
16
17
18
19
20
21
22
23
24
25
26
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
~
food service business. The tenn "disposable food service
ware" does not include items composed entirely of aluminum.
Expanded polystyrene
means blown polystyrene and expanded and extruded
foams that are thennoplastic petrochemical materials utilizing
!!
styrene
monomer and processed
by
!!
number of techniques, including fusion of
polymer spheres (expandable bead polystyrene), injection molding, foam
molding, and extrusion-blow molding (extruded foam polystyrene).
27
@
f:~awlbills\
1441
disposable
food
service produclslbill 5.doc
 PDF to HTML - Convert PDF files to HTML files
28
Expanded polystyrene fOod service products
means food containers, plates, hot
29
30
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:
31
32
33
ill
intended
Qy
the manufacturer to be used once for eating or
drinking; or
34
35
ill
generally recognized
Qy
the public as items to be discarded after
one use.
36
37
38
39
40
Food service business
means
~
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
Qy
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.fiJ1 packaging
means
~
41
42
void-filling packaging product made
43
44
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
~
45
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 use of expanded polystyrene food service products.
51
52
53
tru
A food service business must not sell or provide food in expanded
polystyrene food service products, regardless of where the food will
be
consumed.
Subsection
tru
does not
~
to:
54
@
o
f:~aw'lbills\1441
disposable food service
products~i115,doc
 PDF to HTML - Convert PDF files to HTML files
BILL
No.
41-14
55
56
57
ill
food or beverages that were filled and sealed in expanded
polystyrene containers outside of the County before
f!
food
service business received them; or
58
59
60
61
62
63
64
ill
materials used to package raw, uncooked, or butchered meat, fish,
pOUltry, or seafood for off- premises consumption.
48-54. Compostable
2!
recyclable disposable food senrice ware 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.
65
66
67
ru
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.
68
69
70
W
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; provided,
that this subsection does not
71
72
73
mmlY
to
prepackaged food or beverages
74
75
76
that were filled and sealed outside of the County before
f!
food service
business received them.
48-55. Recyclable and compostable food senrice
~
list.
77
78
79
No later than 180 days after the effective date of this Act, the Executive must
publish
f!
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
2.
years after it is first published.
48-56. Prohibition on sale.
80
81
o
f:~aw\bills\1441
disposable food service productslbiUS.doc
 PDF to HTML - Convert PDF files to HTML files
BILL
No.
41-14
82
83
A person must not sell or offer for sale in the County:
W
(hl
expanded polystyrene food service products; or
polystyrene loose fill packaging.
84
85
86
87
48-57. Exemptions.
If the Executive determines that there is no available affordable compostable
or recyclable alternative to g 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 g 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 determine whether any items should be
removed because an affordable compostable or recyclable alternative has become
available.
88
89
90
91
92
93
94
95
48-58. Enforcement.
W
(hl
Any violation of this Article is g class B civil violation. Each day g
violation exists is g separate offense.
The County Attorney or any affected
~
may file an action in g court
with jurisdiction to enjoin repeated violations of the Section.
96
97
98
99
Sec. 2. Effective date.
100
101
W
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
L
2016.
102
103
104
105
(hl
The requirement for g County facility, agency, department, contractor,
or lessee to use compostable or recyclable disposable food service ware
established
Qy
Subsections 48-54
106
107
108
W
and
(hl
takes effect 90 days after
this Act becomes law. Notwithstanding any other provision, g County
facility, agency, department, contractor, or lessee may use disposable
G)
f:llawlbills\1441 disposable food service productslbill5.doc
 PDF to HTML - Convert PDF files to HTML files
BILL
No. 41-14
109
110
111
food service ware already purchased as of the effective date of this Act
until the supplies are exhausted or until January
.L
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 ofthis Act.
112
113
114
115
W
The requirement to use compostable or recyclable disposable food
service ware established by Subsection 48-54(c) takes effect on January
116
117
.L
2017.
Approved:
118
Craig
L.
Rice, President, County Council
119
Date
Approved:
120
Isiah Leggett, County Executive
Date
121
122
This is a correct copy ofCouncil action.
Linda M. Lauer, Clerk of the Council
Date
®
f:\law\billsI1441 disposable
food
service productslbill5.doc
 PDF to HTML - Convert PDF files to HTML files
LEGISLATIVE REQUEST REPORT
Bill 41-14
Solid Waste (Frash)
-
Food Service Products
-
Packaging Materials
-
Requirements
DESCRIPTION:
This bill would
• Prohibit the use of certain polystyrene foam food service products
by food service businesses beginning on January
1,2016.
• Prohibit the sale of foam loose fill packaging (packing peanuts) and
bulk foam food service products (Le., bulk foam cups and plates)
beginning on January
1,2016.
• Require the use of compostable or recyclable food service products
by the County, and County Contractors and lessees 90 days after the
Act becomes law, and by food service businesses beginning on
January
1,2017.
Polystyrene foam is a pervasive source of litter, both on land and in
marine environments, and has been classified as "reasonably
anticipated to be a human carcinogen" by the U.S. Department of
Health and Human Services.
To reduce the negative environmental and human health effects of
polystyrene foam by reducing its use in the County.
Department of Environmental Protection
To be requested.
To be requested.
To be requested.
To be researched.
Josh Hamlin, Legislative Attorney
To be researched.
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENALTIES:
Civil penalties and injunctive relief.
t\law\bills\1441 disposable food service products\lrr.doc
 PDF to HTML - Convert PDF files to HTML files
Resolution No.: 17·522
Introduced:
July 17, 2012
Adopted:
July 31, 2012
--:-----~--::---
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Councilmember Leventhal
SUBJECT:
Elimination of the Use of Polystyrene Plates, Cups, and other Foodware in
County Government Cafeterias
Background
1.
Polystyrene is a petroleum-derived plastic-like material used for packaging. The foam
fonn, known as expanded polystyrene (EPS), is commonly used to make disposable
plates, cups, bowls and other items.
Approximately 1 million tons of polystyrene plates, cups, and other foodware are
disposed of in the United States every year.
While potentially recyclable as a #6 plastic, polystyrene is not commonly recycled
because of food contamination concerns and because polystyrene's high volume to
weight ratio complicates transport of the materiaL The Environmental Protection Agency
estimates that less than one percent of all polystyrene produced
in
the United States is
recycled.
Montgomery County's Department of Environmental Protection, Division of Solid
Waste, does not recycle polystyrene because of the lack of stable regional markets for the
product and because ofthe complications noted in Paragraph 3.
Environmentally friendly alternatives to the use of polystyrene are available, such as:
reusable equipment (trays, cups, and silverware) and the use of paper and other products
made from recycled content and which are also compostable, biodegradable and/or
recyclable.
County residents, businesses, and government all need to be good stewards of the
environment. County Government should lead by example with environmental initiatives
to affinn the County's commitment to reduce its environmental footprint and
to
show that
viable environmentally-friendly options are available and should be pursued whenever
possible.
2.
3.
4.
5.
6.
 PDF to HTML - Convert PDF files to HTML files
Page 2
7.
Resolution No.: 17-522
The County's Department of General Services has successfully worked with its food
service contractors to eliminate the use of polystyrene at its" cafeteria sites. These sites
are now using recycled paper products for food containers and plates and using clear
plastic products for certain wet food items.
Action
The County Council for Montgomery County Maryland approves the following
resolution:
The Council supports the elimination of polystyrene foodware in County
Government cafeterias and encourages other public and private food service facilities to
also consider the elimination of the use of polystyrene foodware.
This is a correct copy of Council action.
Lmda M. Lauer, Clerk of the Council
(j)
 PDF to HTML - Convert PDF files to HTML files
MONTGOMERY COUNTY COUNCIL
Rockville, Maryland
Councilmember
Hans Riemer
At
Large
MEMORANDUM
To:
Council members
From: Councilmember Hans Riemer
Re:
Banning Expanded Polystyrene in Montgomery County
Date: September 2, 2014
Colleagues, on September 9, I am introducing a bill that that would ban the use and sale of
certain forms of expanded polystyrene (sometimes called "Styrofoam," although Styrofoam is
just one brand of expanded foam) in the County. I ask for your co-sponsorship and support.
With this ban, Montgomery County would join a growing list of other communities that have
taken action to ban expanded polystyrene, including Washington DC, San Francisco, Seattle, and
New York City.
My bill closely tracks legislation passed in Washington, DC, and signed by Mayor Gray in July,
2014. Our implementation timeline would match Washington's, allowing for a smoother
regional effort to raise awareness as well as helping to strengthen the local market for
alternative products.
Specifically, the bill includes the following key provisions:
• Prohibits the use of foam food service products by food service businesses beginning on
January 1, 2016.
• Prohibits the sale of foam loose fill packaging (packing peanuts) and bulk foam food
service products (bulk foam cups and plates) beginning on January 1, 2016.
• Requires the use of compostable or recyclable food service products by the County,
County Contractors, and food service businesses beginning on January 1,2017.
This is important because foam, which is a petroleum-based plastic, is a meaningful share of the
litter and pollution found in our watersheds. Over time, discarded foam breaks down into small
pieces, but it does not completely dissolve and it is very hard to clean up. When it is ingested by
marine life, it causes harm. For human health, the National Research Council has recently
lIIi
"upheld the listing of styrene as 'reasonably anticipated to be a human carcinogen.
Fortunately, there are reasonable alternatives to expanded foam.
1
http://wwwS.nationalacademies.org/onpinews/newsitem.aspx?RecordID=18725