On October 3, 2011, the City of San Leandro adopted a Polystyrene Foam Food Service Ware Ordinance. The Ordinance requires the City and local food establishments to discontinue the use of polystyrene foam food service ware products by November 1, 2012. Other cities that have similar ordinances include Hayward, Fremont, Oakland, Emeryville, Alameda, Albany and Livermore.

Polystyrene foam food service ware products include cups, bowls, plates, clamshell containers, soup containers and trays made from expanded foam polystyrene typically labeled #6.

The ordinance does not prohibit the use of rigid plastic products including disposable utensils, drink lids, other non-foam lids, straws, and condiment containers. It also does not prohibit the use of foam trays used for packaging raw foods sold by markets and grocery stores.

Food establishments are encouraged to purchase paper, aluminum and recyclable plastic alternatives to foam before the November 1, 2012 deadline. Food establishments should refrain from purchasing plastic food service ware products labeled “biodegradable” or “compostable” often labeled #7 because these items are neither recyclable nor compostable in the City of San Leandro’s curbside collection program.

  

Enforcement

The City will rely on notifications from the public to enforce the ordinance. Food establishments that do not comply by the effective date will be given a warning notice before fines would be imposed. The fines would escalate from $150 to a maximum of $600 per violation for non-compliance per Section 1-12-4 of the San Leandro Municipal Code.

Managing Potential Cost Increases

Since paper, aluminum, and plastic alternatives may cost more, food establishments can manage potential cost increases in complying with the ordinance by:

• Researching product alternatives well in advance of the November 1, 2012 deadline to identify the best and lowest cost product alternatives that meet their needs;
• Discussing cooperative purchasing with other food establishments to reduce costs;
• Charging a “take-out” fee to cover the cost increase of the alternative products;
• Reducing usage of disposable take-out packaging for in-store dining by switching to reusable trays, baskets, bowls, plates, and cups; and
• Encouraging customers to bring their own cups and containers for take-out items.

Why Is Compliance Important?

The City is required by state law to reduce waste to landfill. Restaurants generate significant waste (on a per employee basis) and polystyrene food service ware is neither recyclable nor compostable.

Polystyrene foam is a threat to natural ecosystems due to its tendency to break into smaller pieces that wildlife species can mistake for food and ingest. In addition, polystyrene foam contains styrene, a possible carcinogen and neurotoxin that can leach into food and drink posing a human health risk.

The ordinance helps improve our quality of life, the natural environment, our local waterways and wildlife. It also helps advance the City’s goal to divert 75% waste from landfill and to reduce greenhouse gas emissions by 25% from 2005 levels by 2020.

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