REUSABLE FOODWARE ORDINANCE
Town of Fairfax
Council Meeting
March 1, 2023
BACKGROUND
County Project Began
OCTOBER 2019
SPRING 2020-2021
Project Paused (COVID-19)
MAY
2021
Project Restarted
Ordinance Adopted by Marin County
Board of Supervisors
May
2022
FALL/ WINTER
2021
Countywide Grant Program Town Ordinance
Adopted
WHY A FOODWARE ORDINANCE?
• Plastic waste and litter left on streets and sidewalks collects in gutters, storm drains, and creeks and, ultimately, gets discharged into San Francisco Bay and Pacific Ocean.
• Reduction of plastics at the source by encouraging reuse and recyclable or compostable materials would reduce litter and debris from going into the landfills.
• Adoption of a clear consistent foodware ordinance would provide guidance and clarity to businesses and the community who want to do the right thing but are unclear on what that is.
• Adoption of the ordinance would also assist the Town and local businesses in complying with recently adopted state legislation focused on waste reduction.
WHY A FOODWARE ORDINANCE?
REPLACING DISPOSABLES
• Improves environment:
• Reduces litter, chemicals in foodware,
and amount of waste being sent to
landfill
• Less GHGs and use of resources
to produce, transport, and dispose
• Switching to reusables saves money!
WHY A FOODWARE ORDINANCE?
DISPOSABLE FOODWARE EXAMPLES
• Bowls, Plates, Clamshells, and Other To-Go
containers
• Cups
• Straws
• Utensils
• To-Go Accessories
• Napkins, cup sleeves, lids, condiment
packets, cup spill plugs, stirrers,
tooth/cocktail picks, etc.
KEY ORDINANCE FEATURES
• Applies to All Food Vendors
• Except public or private school cafeterias
• Ordinance Enforcement:
• Not until November 10, 2023 (18 months after initial County of Marin adoption)
• To-Go Foodware Must Be:
• Fiber-based, BPI-certified compostable (no bio-plastic) • Aluminum allowed
• Dine-In Foodware Must Be:
• Reusable
• Exceptions allowed for specified items, such as paper napkins, paper straws, and foil wrappers
• Plastic stirrers, cocktail sticks, plugs and toothpicks banned
KEY ORDINANCE FEATURES
CONTINUED
• To-Go Accessories:
• Only upon request or at take-out station
• Must be fiber-based compostable, when available
• Disposable Cup Itemized Charge
• 25 cents (with exceptions), retained by food vendor
• Front and Back of House 3-Stream Collection
Containers
STAKEHOLDER ENGAGEMENT
• County Public Engagement ran from 10/2019-1/2022
• Stakeholder Meetings
• Formal Resident and Business Workshop Meetings
• Spanish translation services offered & recorded
• 20+ meetings, including restaurant owners, various chamber of commerce groups (including the Council of Chambers), Latinx business leaders, disability advocates, haulers and processors, food inspectors, advocacy groups, etc.
• Resident Survey (provided in both English and Spanish) • 338 responses
• Food Vendor Survey (provided in both English and Spanish) • 97 responses
• County accepted public comments on draft ordinance from 2/2020-11/2021 • Letter to all food vendors countywide
• FAQ and matrix of compliant alternatives
• Variety of publications, including flyers and press releases
STAKEHOLDER ENGAGEMENT
COUNTYWIDE GRANT PROGRAM
• Ran from 07/2021-11/2021
• Open to all food vendors in Marin County
• Businesses could receive $100-$500 to voluntarily
adopt requirements and receive technical
assistance
• Program Highlights
• 25% of businesses are using grant funds to
purchase reusable foodware products
• 19% of the businesses called and visited were
provided Spanish in-language assistance
• Several businesses showed appreciation for the
education and compliance guidance around the
new ordinance
STAKEHOLDER ENGAGEMENT
OUTREACH AND MESSAGING
COUNTYWIDE APPROACH &
ENFORCEMENT
• Enforcement begins on November 10, 2023 (18 months after County’s initial adoption)
• County Environmental Health Services will take proactive approach in education and enforcement
• Cost would be passed through to businesses via Food Inspection Fees • EHS may grant a citation waiver for undue hardship circumstances • County will maintain a temporary exempt product list on its website • The one-time enforcement fee for the Town would be waived if the ordinance is adopted by May 10, 2023
STAFF RECOMMENDATIONS
• Move Section 8.72.080(A) of the Town Code regarding the prohibition on the sale of polystyrene foam coolers and ice chests within the Town to Section 8.16.030(C)
• Introduce reusable foodware ordinance to replace the existing Town Code Chapter 8.72 Single-Use Foodware Reduction in its entirety • Authorize the Town Manager to execute the agreement between the County and Town regarding enforcement of the foodware ordinance
THANK YOU
QUESTIONS?
APPENDIX
SLIDES
PURCHASING GUIDE
https://www.marincounty.org/depts/cd/divisions/environmental-health-services/reusable-foodware-ordinance
REUSABLE COST SAVINGS
https://www.marincounty.org/depts/cd/divisions/environmental-health-services/reusable-foodware-ordinance PLASTIC VS. COMPOSTABLE COST
COMPARISONS
https://www.marincounty.org/depts/cd/divisions/environmental-health-services/reusable-foodware-ordinance Item Plastic Per Unit Cost Compostable Per Unit Cost
16 oz. Cold Cup $0.06 $0.08
Clamshell To-Go Container $0.19 $0.20
Plastic Utensils (fork, spoon,
knife)
$0.03 $0.04
Take-Out Bag $0.02 $0.05
Hot Cup Sleeve $0.03 $0.03
Food Wrap $0.01 $0.02
Straw $0.01 $0.02
Plates $0.10 $0.09
Bowl $0.08 $0.07
Stirrer <$0.01 <$0.01
TEMPORARY EXEMPT PRODUCTS
https://www.marincounty.org/depts/cd/divisions/environmental-health-services/reusable-foodware-ordinance