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AN ORDINANCE TO PROHIBIT THE USE OF POLYSTYRENE FOAM FOOD SERVICE
WARE AND REQUIRE THE USE OF BIODEGRADABLE FOOD SERVICE WARE
California cities are required by state law to reduce solid waste by
50%; Oakland is currently at 52%. Alameda County cities are
committed to reduce our waste by 75% by the year 2010. Oakland has
adopted a goal of zero waste by the year 2020.
Working with the
Mayor’s Office to meet these goals, one of several strategies I am
proposing is an ordinance that will prohibit restaurants and fast
food operations from using polystyrene foam (commonly known by Dow
Chemical's patented name
“Styrofoam”) disposable food packaging and that will require
biodegradable food packaging, when available and cost-efficient.
This proposal is similar to those passed by Berkeley, Portland and
nearly a hundred cities across the nation. Some Oakland businesses
have voluntarily stopped using polystyrene products as their way of
contributing to the community health and environment.
The Oakland Alameda County Coliseum uses biodegradable food
packaging products for their food sales and Oakland restaurants such
as the Nomad Café are successfully using biodegradable products as
well.
We have decided to propose this ordinance based
on the following considerations:
·
Foam products are not biodegradable and add to our landfill
·
Projections indicate growth in the use of these readily disposable
food containers
·
The nature of the material makes it a major contributor to litter.
It blows long distances and clogs storm drains and filters
·
The material breaks down into pieces and is detrimental to the
wildlife that ingests it.
·
Polystyrene production can be very damaging to the earth's ozone
layer and to the workers that produce it.
·
Recycling of foam food containers is not practical.
·
Finally, while there are no conclusive medical opinions, there is
some evidence suggesting that the component styrene may leach from
polystyrene containers into fatty food or drink when micro waved,
posing a potential health risk to people.
 One
state report estimates that over 15% of the waste picked up in
California watersheds is polystrene. Litter is a huge problem in
Oakland. Polystyrene products in particular exacerbate this problem
because they break down into smaller particles that litter Oakland’s
streets, parks, public spaces and creeks as shown in this photo.
They endanger our wildlife that often ingests it.
(Source: Lake Merritt Institute).
The proposed ordinance will:
- After a reasonable period to use up
current inventory, prohibit food vendors from using polystyrene
foam products for packaging prepared food that will either be
consumed inside or outside the food establishment.
- Require food vendors to use biodegradable
disposable food packaging, if such products are available and if
the products are cost effective.
- Enforcement of the ordinance will be on a
complaint basis only. The City Administrator will be authorized
to enforce the ordinance and issue fines for violations if a
citizen complaint is not remedied.
Some types of
biodegradable products generally cost the same or less than commonly
used plastic coated paper or plastic equivalents, so their use would
be required by the new ordinance: cold plates, cold cups, cutlery,
hinged containers and clear bowls. We know for some products such as
hot food containers, biodegradable options are not yet available or
cost-effective, so they would not be required by the ordinance at
this time; the ordinance would require their use as they become
available and cost-effective. As the demand for biodegradable
products increases, we hope to see a larger variety of products at
lower prices become available and are working with organizations
that hope to cooperative purchase these products.
Using biodegradable
products may also save you money by reducing garbage bills because
biodegradable products can be composted along with food scraps. We
encourage you to consider using more non-disposable, washable food
containers and utensils and wrapping leftovers in foil.
Text
of Adopted Ordinance
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