What is the Marine Debris Ordinance?
On September 13, 2023, the Oceanside City Council approved and adopted the Marine Debris Reduction Ordinance. The Ordinance specifically addresses polystyrene foam and single-use plastic bags in the Oceanside community. All businesses within Oceanside will be required to find alternative solutions for polystyrene products when supplying customers with these to-go items.
The new Ordinance promotes the use of more sustainable alternatives that are compostable, recyclable, or reusable. It prohibits all retail establishments and food service providers in Oceanside from distributing single-use carryout bags and polystyrene foam products. These businesses are also required to post educational materials provided by the city about the Marine Debris Reduction Ordinance requirements for at least one year from the effective date of each prohibition.
Why is the Marine Debris Ordinance important?
The City of Oceanside is committed to waste diversion, recycling, and pollution prevention. Polystyrene foam and single-use plastic bags are typically used once before being discarded, and due to their light weight can easily become litter. These materials break down into small pieces that do not biodegrade and often end up in the streets, waterways, storm drains and eventually in the ocean.
The Marine Debris Ordinance helps the Oceanside community address these materials that can cause harm to our waterways, environment, and wildlife.
When does the ordinance go into effect?
• July 1, 2024: Distribution of polystyrene foam products is prohibited. • January 1, 2025: Distribution of single-use carryout bags prohibited and requires businesses to charge for reusable or recyclable bags. • Educational posting is required for at least one year after each of the prohibitions go into effect.
Effective
July 1
2024
Effective
Jan1
2025
NO
All retail and food service businesses in
Oceanside may NOT distribute polystyrene
foam products.
YES
All retail and food service businesses in
Oceanside may NOT distribute single-use
carrryout bags.
NO YES *
*Businesses may provide reusable
and recyclable bags to customers for
at least 10 cents.
Attachment 3
What products are prohibited by the Marine Debris Reduction Ordinance? In summary, all Oceanside businesses will be prohibited from distributing polystyrene foam and single-use carryout bags. For a comprehensive list of definitions please view the Marine Debris Ordinance.
Single-use carryout bags: a bag made of plastic, paper or other material that is provided by a store to a customer at the point of sale that is not a recycled paper bag or reusable bag. If a business provides a carryout bag, it needs to be a reusable or 100% recyclable paper bag and the business needs to charge at least 10 cents for each bag.
Polystyrene foam: Polystyrene is a type of plastic, and polystyrene foam is a lightweight insulating material made from expanded polystyrene beads.
Polystyrene foam products are prohibited from distribution and sale including in egg cartons, shipping boxes, packing material, coolers, pool toys, anchors, dock floats, and food service ware such as bowls, plates, trays, cups, lids, and other similar items.
Are there any exceptions or waivers to the Marine Debris Ordinance? The City does not provide any business waivers, all businesses within the City of Oceanside must comply with the Marine Debris Ordinance. However, there are certain products that are excluded from the ordinance.
• Single-use carryout bags:
• The ordinance does not prohibit produce or product bags for food service providers. Food service providers may use product bags or produce bags for takeout or delivery orders to hold containers of prepared food that could spill during transport.
• Food service providers and retail establishments cannot charge customers for recycled paper bags or reusable bags if the customer uses a payment card or voucher issued by the California Special Supplemental Food Program for Women, Infants, and Children (WIC) or an electronic benefit transfer (EBT) card.
• Polystyrene foam products:
• Coolers, ice chests, similar containers; pool or beach toys; dock floats, mooring buoys, anchor or navigation markers made of polystyrene foam can be distributed if products are completely encased within a nonpolystyrene foam material. • Polystyrene foam food service ware, food trays, and packaging for products and prepared food that is packaged outside the City. This does not include egg cartons.
• Polystyrene foam packaging or containers used for drugs, medical Attachment 3
Which businesses have to comply with the Marine Debris Reduction Ordinance? All businesses within Oceanside will be required to comply with the Marine Debris Reduction Ordinance. This includes all food service providers and retail establishments.
Food service providers - any person or establishment that provides or sells prepared food or beverages on or off its premises within the City, including, but not limited to:
How is this regulation different than other plastic reduction efforts? The State of California has prohibited the distribution of single-use carryout bags for major retailers. The Marine Debris Ordinance expands upon the state regulation by prohibiting the distribution of single-use carryout bags by all retail establishments and food service providers in Oceanside.
Additionally, California Assembly Bills 1884 and 1276 also known as “Skip the Stuff” places restrictions on providing utensils, straws and condiments. AB 1884 became effective January 1, 2019, and requires that full-service food facilities provide plastic straws to customers only upon request. AB 1276 became effective June 1, 2022, and states that food facilities with onsite dining and third-party food delivery services may only provide single-use food ware accessories or standard condiments if requested by the consumer, and that food facilities with drive-through consumers may ask the consumer if the consumer needs single-use accessories or standard condiments for food.
As a business owner, do I have to create my own educational materials about the ordinance to post?
No. The City of Oceanside has educational materials including an educational notice and poster that are able to download. Please visit the Marine Debris Reduction Ordinance webpage on Green Oceanside to download the digital files.
The City is also providing in-person and virtual educational workshops focused on educating businesses on the new restrictions.
• Restaurants
• Cafés
• Coffee Shops
• Fast Food Restaurants
• Drive-Thru Service
• Grocery Stores
• Supermarkets
• Convenience stores
• Delicatessens
• Cafeterias
• Farmer’s markets
• Mobile stores
• Food vendors
• Caterers
• Food trucks
• Hotels, motels, bed and breakfasts,
etc. that provide prepared food for
guests
• Retail establishments - any
establishment that sells or provides
merchandise, goods, or materials
primarily intended for consumer
or household use, including food,
clothing, household items, personal
items, supplies, electronics, or other
items directly to a consumer.
• Department stores
• Clothing stores
• Hardware stores
• Supply stores
• Pharmacies
• Liquor stores
• Outdoor farmer’s markets
• Any other retail store or vendor
Attachment 3
What products are acceptable alternatives to polystyrene foam? Food Service Providers are strongly encouraged, but not required, to provide refillable or reusable food service ware rather than disposable food service ware to customers.
Below is a table that helps identify what materials are preferred and not preferred as alternatives to polystyrene foam.
PREFERRED MATERIALS
Materials Product Examples
Reusable Service Ware
(ceramic, glass, plastic, aluminum, etc.)
Tip to recycle and reuse:
• Wash and reuse your service ware
Plastic (rigid, non-foam)
Tip to recycle and reuse:
• Scrape clean before recycling
Aluminum
Tip to recycle and reuse:
• Scrape clean before recycling
Paper
Tip to recycle and reuse:
• Scrape clean before recycling
• If soiled from food, place into food scraps
container
What materials are not preferred alternatives to polystyrene foam? Food service ware made of compostable and biodegradable plastic, sugarcane, bagasse, bamboo, molded fiber, and other similar materials are not preferred alternatives for polystyrene foam products. These materials are not recyclable; must be placed in the trash; are not accepted in local recycling or food scraps programs; and do not help the City of Oceanside reach its zero waste goals.
Businesses are encouraged to ask their current supplier about alternatives to polystyrene foam. You may also check other city lists of alternative products. • City of Imperial Beach Alternative Products List (PDF) • City of Encinitas (PDF)
• City of San Francisco (PDF)
• City of San Jose (PDF)
How will the ordinance be enforced?
Oceanside Code Enforcement will be responsible for enforcing this ordinance.
Enforcement will occur on a public complaint basis.
Who should I contact if food service providers or retail establishments are still distributing single-use carryout bags or polystyrene foam products after the ordinance goes into effect?
Please call the Oceanside Customer Care line at (760) 435-4500 if a food service provider or retail establishment is not following the Marine Debris Reduction Ordinance.
Attachment 3