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FOAM FOOD CONTAINERS The term foam food containers as used in this report refers to (expandable) polystyrene foam most commonly used for disposable food service, such as beverage cups, plates and "clam- shell" boxes. BACKGROUND State Regulation. With regard to foam food containers, most State regulation is focused on the manufacturing process of this material. The Integrated Waste Management Act did not establish recycling mandates for foam food containers (though other expandable polystyrene foam, such as packing peanuts, do have recycling programs). Bans Adopted in Other Cities. Approximately 27 California cities have adopted bans on foam food containers.' Policy reasons for adopting bans on foam food containers relate to it being an environmental pollutant and potential health hazards when used for foods and beverages; that it cannot be recycled and is a troublesome component of litter due to it breaking up into small pieces that can be carried by wind and water. Some of the bans adopted by local jurisdictions are summarized, below. Berkeley. The City of Berkeley's Ordinance to Reduce Polystyrene Foam Packaging was enacted in 1996, and includes non biodegradable and non recyclable food packaging and litter reduction. It applies to all restaurants and retail food vendors store, shop, sales outlet, or other establishment, including a grocery store or a delicatessen, which sell takeout food. Fifty percent of food packaging must be degradable or recyclable. Berkeley's ordinance also requires each restaurant and retail food vendor to have separate waste receptacles for each type of recyclable food packaging waste, including glass, cans, cardboard, newspapers, and mixed paper. Violations are subject to monetary penalty. San Francisco. The City and County of San Francisco adopted its ban in 2007. It applies to all San Francisco food vendors, including restaurants, delis, fast -food establishments, vendors at fairs, and food trucks selling food prepared in San Francisco. And, all city facilities and departments must also follow the ordinance. Food vendors must use biodegradable /compostable or recyclable disposable food service ware (unless it is durably reusable) if it is not more than 15% more expensive than non biodegradable/compostable or non recyclable disposables. Allowed alternatives include: coated and uncoated paper, cardboard, and other plant or "bio- based" materials (such as from sugarcane, potato or corn), aluminum foil and recyclable plastics (such as #'2, #4 or #5 cups). The ordinance includes monetary penalties for violations. Emeryville. The City of Emeryville adopted a ban in 2007, which applies to restaurants and businesses that sell prepared foods, city facilities and city departments. Biodegradable /compostable or recyclable disposable food service ware is required unless it can be shown that such a product is not available for a specific application. Exempt are foods prepared and packaged outside of the city, ice chests, and persons receiving an exemption based on undue hardship. Fines can be imposed on violators. Oakland. The City of Oakland's ban took effect in 2007. It applies to all food vendors selling prepared food, including restaurants, delis, fast -food establishments, vendors at fairs, and food trucks, as well as all city facilities. Uncoated paper, coated paper, cardboard, other plastics, aluminum foil food service ware, and "bio- plastics" are all permitted alternatives. There is no exception to the prohibition on polystyrene foam. Non compostable and non biodegradable products may be used if a vendor can show 4 Dow Chemical, which holds the trademark for StyrofoamTM, advises that StyrofoamTM is used for construction materials, and not foam food containers. s As reported by Mendocino County Solid Waste Authority in January 2010. Page 6 of 9