CITY OF MONTEREY SOLID WASTE & RECYCLING DIVISION  
                                                                                                                                             


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Environmentally Friendly Food Packaging
 

Food Service Container Ban - Frequently Asked Questions     SEE MORE

On February 3rd, 2009 the City of Monterey successfully adopted an ordinance that prohibits the use of polystyrene materials to be used for take out food applications within city limits.

The City of Monterey has seen first-hand the impact of polystyrene foam and plastic litter in our storm drains, in our fields, on our roadways and highways, in our rivers, in the ocean and on our beaches. 

Banning polystyrene foam take-out packaging locally will help to address marine pollution by requiring the use of environmentally preferable alternatives while helping to educate business owners and citizens on the positive impact their packaging choices can make. Unlike many other types of packaging, littered polystyrene foam remains permanently in the environment where it breaks into tiny pieces that disperse widely.

A ban may not be a cure-all, but it is a step in the right direction. We want to get people thinking about the far-reaching consequences of the simple decisions made everyday. We want people to consider the life cycle of the products they are buying - what they are made from, the energy that goes into the production and what happens after the garbage truck hauls them away.

FREQUENTLY ASKED QUESTIONS


What is Polystyrene?

Polystyrene foam (commonly referred to as "Styrofoam") is generally used to make cups, bowls, plates, trays, clamshell containers, meat trays, and egg cartons. Styrofoam is recognized as a sturdy, sanitary, economical, and convenient product in food service industries, but poses a serious threat to our environment and health, given its inherent non-biodegradable nature and chemical composition.

Styrofoam is a non-renewable petroleum by-product resource, composed of the chemicals styrene and benzene. Benzene is a classified carcinogen, and styrene is a neurotoxin that is also suspected to cause cancer. Styrofoam is inherently non-biodegradable and non-recyclable and is estimated to take hundreds of years to decompose.

What are the banned food service containers?

Containers that will not biodegrade, compost, or cannot be recycled.  This specifically refers to expanded polystyrene (one example of which is known as Styrofoam (tm)).

This ban applies to single-use disposable containers intended for serving or transporting prepared ready-to-eat food or beverage. Examples include cups, plates, trays, bowls, and hinged or lidded containers.  This does not apply to single-use disposable food service items which are not used as food containers, such as straws, cup lids and utensils.

What Are the Alternatives to Polystyrene Take out Containers?

There is a growing market for alternative products to polystyrene. These products are either recyclable or biodegradable. Biodegradable products are manufactured from readily renewable sources such as Bagasse from sugarcane fiber, corn and potato.

Cities such as San Francisco, which have implemented a ban on Styrofoam food service-ware products have experienced a dramatic influx of distributors of alternative products into the market, driving the cost of these alternatives down. 

When does the Ordinance Take Effect?

The ban takes effect August 16th, 2009.

The ordinance was passed by the City Council on February 16, 2009. City staff recommended enforcement to begin 6 months after passage by City Council, to allow businesses to exhaust their existing supply of polystyrene containers.

Who must comply with this ordinance?

This ordinance prohibits all food providers in the City of Monterey from dispensing prepared food in products that are not biodegradable, compostable or recyclable.  “Food provider” means any persons providing food within the City of Monterey for public consumption on or off its premises and includes without limitation any store, shop, sales outlet, restaurant, delicatessen, grocery store, super market, catering truck or vehicle, or any other person who provides prepared food, or any promoters and participants of special events. The ordinance also covers food containers purchased by city staff, city-sponsored events, city-managed concessions and city-permitted events.

What are the penalties for non-compliance?

The measure provides for tiered monetary penalties to be assessed for violations.

The 1st violation results in a written warning.

·     The 2nd violation results in a fine of up to $100 (violator may submit receipts demonstrating purchase of at least $100 worth of biodegradable, compostable, or recyclable products).

·    The 3rd violation results in a fine of up to $200.

·    The 4th violation results in a fine of up to $500.

Promoters or participants of special events that are non-compliant shall result in the following penalties:

·    A fine not to exceed $200 for an event of 1 to 200 Persons

  • A fine not to exceed $400 for an event of 201 to 400 Persons
  • A fine not to exceed $600 for an event of 401 to 600 Persons

·    A fine not to exceed $1,000 for an event of 600 or more Persons

Interestingly, San Francisco who has also passed a similar ordinance, estimates it has achieved approximately a seventy-percent compliance rate without issuing one single citation for non-compliance.

What is the heat tolerance of compostable products?

When determining what type of compostable product line to use, it is important to know whether you will be serving hot or cold food.  For example, a popular corn-based container has a heat tolerance of around 100 degrees F and is excellent for salads, sandwiches and cold drinks, but not hot foods or drinks.  Specific brands of compostable food containers are designed for hot foods and drinks.  Before you choose a container, be sure to ask for information on heat tolerance and other product specifications.

Why can't Polystyrene be recycled locally?

Polystyrene is not easily recycled because of its light weight and its low scrap value, both which make it virtually unprofitable to include in a curbside recycling program.

Where do I find acceptable food service containers?

Contact or visit your sales representatives to inquire about acceptable containers.  If they do not carry them, request that they begin doing so.  As a service to the community, the city has a list of suppliers of acceptable food service containers.  Click here to see a list of local environmental products suppliers.

Who can I call for questions about where to find alternative products, ordinance enforcement, exemptions, recycling technical assistance or community presentations?

Contact Angela Brantley or Lesley Milton at the City of Monterey Recycling Programs office at 831.646.5662 or Brantley@Ci.Monterey.Ca.Us or Milton@Ci.Monterey.Ca.Us

 

Want Background information on this City Ordinance?

   
Background information is located at the City of Monterey Planning Division, City Hall, Monterey CA 93940. Phone: 831.646.3886
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Rev 8.11.08 L. Milton www.montereyrecycles.org/hottopics/f2f.html