COUNTY OF SAN MATEO

Inter-Departmental Correspondence

Board of Supervisors

DATE:

January 31, 2011

BOARD MEETING DATE:

February 15, 2011

SPECIAL NOTICE/HEARING:

None

VOTE REQUIRED:

Majority

TO:

Honorable Board of Supervisors

FROM:

Supervisor Adrienne J. Tissier

SUBJECT:

Ordinance Regulating the Use of Disposable Food Service Ware by Food Vendors

RECOMMENDATION:

Adopt

(1) a Resolution certifying a Negative Declaration for a proposed San Mateo County ordinance prohibiting food vendors from using polystyrene-based disposable food containers; and

(2) an Ordinance adding Chapter 4.107, comprising of Sections 4.107.010 through 4.107.080 to Title 4 of the San Mateo County Ordinance Code prohibiting food vendors from using polystyrene based disposable food service ware.

BACKGROUND:

Polystyrene is a petroleum-based, lightweight plastic material commonly used as food service ware by retail food vendors, including the retail food vendors operating in the County. Polystyrene has become a problematic environmental pollutant given its non-biodegradable, non-recyclable and nearly non-reusable nature. In addition, both the US Environmental Protection Agency (EPA) and the US Food and Drug Administration (FDA) have stated that chemical components of polystyrene may leach from food containers into food and drink; the FDA recommends that plastic takeout containers never be microwaved for this reason.

An effective way to reduce the negative environmental impacts of disposable food service ware is to utilize recyclable, biodegradable and/or compostable materials made from renewable resources such as paper, cardboard, corn starch, potato starch and/or sugarcane. Affordable compostable food service ware products are increasingly available for most food service applications such as cups, bowls, plates, and lidded and hinged containers. These products are more ecologically sound than those made from polystyrene and can be turned into compost material.

DISCUSSION:

In May 2008, this Board adopted an ordinance regulating the use of disposable food service ware by the County itself, with the recommendation to explore expanding the regulation to all food vendors. The proposed ordinance expands the County’s regulation and prohibits any food vendor from using non-recyclable plastic disposable food service ware when providing prepared food or beverages and requires the vendor to use biodegradable, compostable, reusable or recyclable food service ware. Prepackaged food as well as coolers and ice chests intended for reuse are exempted by the ordinance. Further a process for any food vendor to seek an exemption from the requirements is available should there be an undue hardship to the food vendor.

Based on a usage survey of four businesses it is estimated that this ordinance could cost a business that primarily uses disposal food service ware for all of their food service from $150 to $400 per year to comply with this ordinance. Many local vendors, including Costco and Smart and Final, provide a wide range of alternatives. Several cities across the nation as well as many foreign governments have banned the use of this material. Millbrae, Pacifica, South San Francisco and San Bruno have adopted bans. The proposed ordinance has been discussed with the Half Moon Bay and Redwood City Chambers of Commerce as well as with the North Fair Oaks Community Council. Copies of the ordinance have been sent to the California Restaurant Association as well as every business in unincorporated San Mateo County. In order to give food facilities time to use existing stock of supplies, the ordinance, if adopted, would not be effective until July 1, 2011.

California Environmental Quality Act (CEQA)

On June 15, 2010 the Environmental Quality Committee discussed this proposed ordinance and directed staff to perform an initial study under the California Environmental Quality Act (CEQA) to determine the appropriate level of environmental review under CEQA. Pursuant to the California Environmental Quality Act, an Initial Study/Negative Declaration (Exhibit A) was prepared and released for public review from November 29, 2010 to December 20, 2010. While several comments were received in support of the proposed Negative Declaration and ordinance, one comment letter was received from the American Chemistry Council (ACC), questioning the Initial Study and adoption of the ordinance (Exhibit B). Staff’s responses are in Exhibit C. ACC notes that in the City of Los Angeles, there is curbside recycling of foam cups; however staff notes that in our county, this does not occur. ACC further comments that limiting polystyrene products does not reduce litter, it just changes the composition of the litter. Staff notes that limiting the use of polystyrene is expected to result in a long-term decrease of litter. ACC refers to a study made in Seattle regarding the environmental impact of limiting polystyrene use; however, staff notes that this study is distinguishable from the impact of our proposed ordinance. Finally, ACC estimates an increase of 2-3 times the cost of food ware for food establishments; staff estimates a minimal cost increase, if any.

County Counsel has reviewed and approved the proposed Resolution and Ordinance.

Certification of the Negative Declaration and adoption of the Ordinance contributes to the Shared Vision 2025 outcome of an Environmentally Conscious Community by reducing the amount of polystyrene litter produced from improper disposal of food service ware.

FISCAL IMPACT:

None. The administration of this ordinance will be performed by Environmental Health staff, who already inspect the affected food service vendors.