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THE CITY OF 9 " °' "'- CITY COUNCIL AGENDA REPORT pL£ASANTONo April 2, 2013 Operations Services Department TITLE: INTRODUCTION OF AN ORDINANCE REQUIRING THE USE OF RECYCLABLE OR COMPOSTABLE MATERIAL AND PROHIBITING THE USE OF EXPANDED POLYSTYRENE PRODUCTS BY FOOD VENDORS FOR THE TRANSPORT OF PREPARED FOOD SUMMARY The proposed ordinance requires that food vendors, including restaurants, delis, supermarkets, cafeterias, street vendors, and other food outlets provide their customers with foodservice containers that are either recyclable or compostable, and prohibits these vendors from utilizing expanded polystyrene foam' (also referred to as PS6). The ordinance would not impact the use of PS6 for containers used for raw foods, such as trays for raw meats in supermarkets and for food prepackaged outside of the City of Pleasanton. Further, in the event of an emergency, the City Manager may deem it appropriate to exempt vendors from the provisions of the ordinance if necessary to address the preservation of public health, safety, or welfare. If adopted, the ordinance would go into effect July 1 , 2013, and the City would not pursue enforcement of the new requirements until January 1, 2014 to allow food vendors an opportunity to deplete existing PS6 inventories and identify alternative products. THE COMMITTEE ON ENERGY AND THE ENVIRONMENT RECOMMENDATION Unanimously recommended that the City Council approve the proposed ordinance. RECOMMENDATION Introduce the Ordinance to require the use of recyclable or compostable material and prohibiting the use of expanded polystyrene products by food vendors for the transport of prepared food. (Attachment 1) FINANCIAL STATEMENT No fiscal impact to the City. I Commonly referred to as"Styrofoam", although Styrofoam® is a registered trademark of the Dupont Corporation.