Bill No.
41-14
Concerning: Solid Waste <Trash! - Food
Service Products
Packaging
Materials - Requirements
Revised: October
30. 2014
Draft No.§____
Introduced:
September 9.
2014
Enacted:
Januarv
20. 2015
Executive:
Januarv
28. 2015
Effective:
January
1. 2016
§
48-54Ccl
January
1. 2017
Sunset Date:
~N'""o""n""e-----,-~-
Ch.
_1_,
Laws
of Mont Co.
2015
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Councilmember Riemer, Council Vice President Leventhal and Councilmember Eirich
ANACTto:
(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 undedjnjng
[[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/or Montgomery County, Maryland approves the following Act:
 PDF to HTML - Convert PDF files to HTML files
BILLN0.41-14
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
In this Article, the following terms have the meanings indicated:
ASTM standard
means the American Society for Testing and Materials
6
7
8
9
(ASTM) International Standards
D6400
or
D6868
for biodegradable and
compostable plastics.
ASTM standard bioplastic
means
l!
plastic like product that meets the ASTM
10
11
standard.
Compostable
means material that will break down into, or otherwise become
12
part
Qf,
usable
compost~
soil-conditioning material, mulch) in
l!
safe and
13
14
timely manner in an appropriate composting program or facility, or in
l!
home
compost pile or device. Compostable disposable food service ware includes
ASTM standard bioplastics that are clearly labeled, preferably with
l!
color
symbol, such that any compost collector and processor can easily distinguish
the compostable ASTM standard bioplastic from non-ASTM standard plastic.
Disposable (Ood service ware
means containers, bowls, plates, trays, cartons,
15
16
17
18
19
20
21
22
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
ID'.!!
food service business. The term "disposable food service
ware" does not include items composed entirely of aluminum.
Expanded polystvrene
means blown polystyrene and expanded and extruded
23
24
25
26
27
foams that are thermoplastic petrochemical materials utilizing
.l!
styrene
monomer and processed
fil'.
.l!
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
BILLN0.41-14
28
29
30
31
32
33
34
35
Expanded polystyrene (Ood 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
ill'.
the manufacturer to be used once for eating or
drinking; or
ru
generally recognized
ill'.
the public as items to be discarded after
one use.
36
37
38
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
ill'.
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.!! void-filling packaging product made
39
40
41
42
43
44
45
46
4
7
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 .!!
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
48
49
50
otherwise thermally destroying solid waste.
48-53. Prohibition on
~of
expanded polystyrene food service products.
51
52
53
54
@}
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
.(fil
does not
.!!PPlv
to:
-3-
(hl
 PDF to HTML - Convert PDF files to HTML files
BILLN0.41-14
55
56
57
58
59
ill
food or beverages that were filled and sealed in expanded
polystyrene containers outside of the County before
~
food
service business received them; or
ill
materials used to package raw, uncooked, or butchered meat, fish,
poultry, or seafood for off- premises consumption.
60
61
48-54. Compostable or recyclable disposable food service 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.
62
63
64
65
66
67
.{hl
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
71
(£)
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
filmh:
to:
72
73
74
75
76
77
78
ill
prepackaged food or beverages that were filled and sealed outside
of the County before a food service business received them; or
ill
materials used to package raw. uncooked. or butchered meat. fish.
poultry. or seafood for off-premises consumption.
79
80
81
48-55. Education and outreach; [[Recyclable]] recyclable and compostable food
service ware list.
-4-
 PDF to HTML - Convert PDF files to HTML files
BILLN0.41-14
82
83
84
85
86
87
88
~
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
ill
ill
ili)
informational mailers to and direct contact with affected
businesses: and
distribution of information through Countv internet and web-
based resources: and
news releases and news events.
~
89
90
91
92
93
94
95
96
97
No later than 180 days after the effective date of this Act, the Executive
must publish
list of vendors offering affordable comoostable or
recyclable disposable food service ware products. The Executive must
review and update this list annually for at least
.2.
years after
published.
48-56. Prohibition on sale.
i1
is first
A person must not sell or offer for sale in the County:
{ru
expanded polystvrene food service products; or
polystvrene loose fill packaging.
98
99
100
101
102
103
104
105
106
107
108
(hl
48-57. Exemptions.
If
the Executive determines that there is no available affordable compostable
or recyclable alternative 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-
54 do not
fil2Ply
to~
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.
48-58. Enforcement.
-5-
 PDF to HTML - Convert PDF files to HTML files
BILL NO. 41-14
109
(fil
Any violation of this Article is
~
class B civil violation. Each day
~
110
111
112
113
114
violation exists
is~
separate offense.
(hl
The County Attorney
[[QI:
any affected
Pfil!Y)]
may file an action in
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.
115
116
117
118
119
120
121
122
123
124
(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 Januarv
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.
125
126
127
128
129
(c)
The requirement to use compostable or recyclable disposable food
service ware established by Subsection 48-54(c) takes effect on January
1,2017.
130
131
-6-
 PDF to HTML - Convert PDF files to HTML files
BILLN0.41-14
132
Approved:
133
George Leventhal, President, County Council
134
Date
Approved:
135
136
This is a correct copy ofCouncil action.
137
Linda M. Lauer, Clerk of the Council
Date
-7-