TYPES OF POLICY APPROACHES
Policies enacted to reduce the amount of single-use food service ware based impacts on the environment. There exists a wide variety of food service ware laws which range from the most basic expanded polystyrene bans, to more comprehensive bans that incorporate bans on single-use plastic straws/stirrers/utensils, to more progressive bans that seek to promote greater adoption of reusable food service ware, with many varied combinations of different mixes of these general areas. View detailed overview table of all food service ware ordinance types
POLYSTYRENE BANS
The most basic and plentiful number of food service ware laws have been enacted to regulate the usage of expanded polystyrene food service ware, followed by more advanced regulations that expand to incorporate all polystyrene-based food service ware, including both “foam” (expanded) polystyrene and rigid (oriented) polystyrene food service ware items.
While these laws specifically target unique environmental issues associated with polystyrene-based food service ware usage, their basic focus generally fail to address issues created by other types of single-use disposable food service ware, in particular issues created by single-use plastic straws/stirrers/utensils manufactured from other types of plastic that are not polystyrene-based.
STRAWS+STIRRERS+UTENSILS BANS
More recent and comprehensive food service ware laws have progressed to incorporate regulations targeted to reduce or eliminate the usage of single-use plastic straws/stirrers/utensils composed of a wide array of types of plastic, while promoting the switch to non-plastic straws/stirrers/utensils, which are generally mandated to be supplied only upon customer request.
These straws/stirrers/utensils bans are often incorporated with polystyrene food service ware bans to create more comprehensive and effective regulations to eliminate single-use plastic litter, though sometimes single-use plastic straws/stirrers/utensils are adopted on their own as more narrowly focused bans, but almost always as companion bans to expand the reach and effectiveness of polystyrene bans.
REUSABLES MANDATES
Major recent contractions of worldwide recycling markets, such as China’s Blue Sky / National Sword policy launched in January 2018, which restricts imports of recyclables into China, have prompted more progressive municipalities to adopt new laws that begin the process to mandate the use of reusable food service ware, as a means to further reduce the use of single-use disposable food service ware which can no longer be diverted to previously available offshore recycling markets.
DEVELOP ORDINANCE
ORDINANCE DEVELOPMENT TOOL
NEW FEATURE – JUNE 2019
We have added a new feature on the toolkit site, which allows users to download their own draft ordinance template addressing food service ware. This feature presents users with “generic” ordinance templates that are based on each of the eight ordinance “types” outlined in the Ordinance Type Summary Table. Users may download a generic ordinance template from the list to the right that features all of the elements included in each of the eight basic ordinance types, then customize that template to their own specific needs. For convenience, two basic template formats are provided, including Word and PDF.
Development work continues on a more granular capability that will present users with a list of all ordinance elements to be considered, which have been compiled from all existing ordinances. Using a ‘click to select’ method, users will be able to choose the ordinance elements that they would like to include in their ordinance and will then be able to populate a document that includes only these elements as their own draft ordinance.
ORDINANCE ELEMENTS
The following outlines key elements to be considered when drafting a food service ware ordinance.
- Definitions – be sure to clearly define all terms and stay consistent throughout all documentation
- Types of products being regulated
- Plastic/Non-Plastic Material Compositions
- Single-Use Disposable Food Service Ware Items
- Other Expanded Polystyrene Products Regulated
- Scope – types of businesses regulated
- Approved Alternatives – include product standards for ‘compostability’ and ‘biodegradability’
- Incentives/disincentives
- Exemptions
- Enforcement
- Effective Dates/phase-in
- Penalties
- Compliance Certification
INITIATION STRATEGIES
There are various strategies to initiate getting an ordinance adopted and passed. Choose the strategy that best fits your community culture, politics and plays to your strengths as a stakeholder.
Staff-originated (bottom-up): City Staff initiates and proposes new ordinances to City Council intended to help the City achieve adopted city goals such as a general plan, climate action plan, sustainability plan, and/or to ensure compliance with federal, state, county and local permits and regulations.
Council-originated (top-down): One or more elected council members initiated and propose new ordinances that demonstrate best governmental practices, political leadership, environmental stewardship, improved quality of life for residents, enhanced business environment, and anticipation and compliance with upcoming regulatory, economic, environmental, and political circumstances.
Grassroots (outside-in): Individuals, citizen groups, stakeholders, NGO organizations, and special interest groups initiate and petition city government to adopt ordinances in support of their mission, interests, and objectives.
State/Regional/County Framework with Locally-Refined/Specific Focus: Existing and upcoming federal, state, regional, and county regulations and permits that mandate compliance and implementation at the local level can initiate development and adoption of city ordinances.
ADOPT & IMPLEMENT
INCENTIVES & DISINCENTIVES
There are various types of tactical elements, which can be included in ordinance itself, or as voluntary action prior to ordinance being passed, which can help with socialisation and implementation of policy change.
Take-Out Fee Allows restaurants to charge a “take-out” fee to offset costs of disposables. This can help sell ordinance to businesses with technique to offset costs of disposables. Customers might perceive negatively because of added costs.
Disincentive Fee Mandatory fee on use of disposable food service ware items. Intended to bring awareness to cost of single-use items and encourage adoption of reusables. Potential of negative customer perception of being charged for something that used to be free and/or due to convenience interference.
Discount Offered for “Bring Your Own” A small purchase price discount offered to customers who bring their own beverage containers. Nice reinforcement incentive given to customers who wish to help reduce waste by using their own reusable beverage container. However not consistently applied by employees and can lead to negative customer experience if discount is not received when bringing reusable beverage containers.
STAKEHOLDER ENGAGEMENT
Consult with and gather input from all stakeholders about the proposed policy. This can help prevent potential citizen, merchant, and industrial opposition. Conduct this consultation throughout the process: at conception of the idea, during the process, and once the regulation is in effect.
Hold Community Workshops – Regulators and community activists should engage community input through workshops and hearings at the state or national level. At the local level, this can be through town hall meetings, community workshops, or listening sessions. At the state level, informational hearings in key districts are more appropriate.
Hold Business Workshops – Reach out to local business groups and ask for their help to get turnout for the meeting. Identify supporters in the business community and find ways to further their engagement. Ask them to attend hearings, visit legislators, and engage other friends and neighbors, or business leaders. At the state or national level, reach out to larger business associations, as well as big chains and brand-owners.
Conduct Surveys & Polling for different stakeholder groups. Can be formal or informal. Use different messaging to appeal to varied audiences.
REGULATORY COMPLIANCE
Single-use plastic food service ware litter, especially evidenced by plastic straws, cups, lids, bottles, and expanded polystyrene food service ware, is difficult or impossible to clean up and pollutes waterways, beaches, parks, and neighborhoods.
Reduction of single-use plastic food service ware litter in the environment advances compliance with federal, state, and local clean air, clean water, and environmental pollution mandates.
For example, in the US, this includes compliance with the Federal Clean Water Act, Total Maximum Daily Loads (TMDL), National Pollutant Discharge Elimination System (NPDES) permits and regulations, and Municipal Separate Storm Sewer System (MS4) regulations, as well as human health and safety concerns and regulations identified by the Centers for Disease Control and Prevention (CDC), US Food & Drug Administration (US FDA) and state and local health departments, in addition to state and local recycling regulations such as CalRecycle.
Regulatory agencies are generally knowledgeable about what types of regulatory information requirements they must address. Advocates should become knowledgeable about the regulatory process and engage in helping to build awareness among regulators. Advocates may help advance their position by providing regulators with relevant studies and background information that both builds the case and helps regulators check the boxes for regulatory compliance.
PREPARE FOR PUSHBACK
Various opposition tactics are used to delay or avoid legislation that addresses food service ware items. This pushback can come from multiple levels and stakeholder. The best strategy is to equip yourself with knowledge about common arguments and methods to oppose, then ensure to address these in ordinance language and through advocacy efforts.
An example of nearly all opposition tactics being used, shy of preemption, took place in San Diego, California when litigation was filed by a polystyrene manufacturer, Dart Container Corporation, a trade group, California Restaurant Association, and a handful of restaurant owners opposed to the recently adopted San Diego food service ware ordinance. These individuals and organizations teamed together to file suit against the City of San Diego with a bogus claim that the City needed to complete an Environmental Impact Review to comply with California law (KPBS News | San Diego Union Tribune | Vice dot com)
Preemption Example: Proposed California AB 1171 | PDF Download with Preemption Highlights
OUTREACH & EDUCATION
Ongoing outreach and education about policy is critical to ensure all stakeholders – businesses and consumers – understand the regulation, know their options, and know what to do if someone isn’t complying. Proper communication on the measure allows for an increase in public acceptance and compliance. This can and should be done by advocates, businesses, and regulators.
- Create and share a website for public and businesses, explaining the law and what this means for them
- Publicise the regulation in prominent areas, using engaging communications materials
- Use incentives or disincentives, such as fees and discounts to gain support of ordinance and socialise policy change early
- Put signs near food service providers entrances reminding consumers to bring reusables
ENFORCEMENT
Numerous options exist to help facilitate enforcement and compliance of food service ware legislation, including citizen-based reporting (through web sites, smartphone apps, email, and telephone options generally set up by the municipality seeking to enforce their food service ware ordinances, where the municipality has limited staff, time, and budgets to actively enforce ordinances.
Some municipalities build in considerations of added enforcement budgets during the ordinance adoption process. Some environmentally-focused NGOs conduct periodic visits to food service providers to encourage management and employees to adopt environmentally friendly food service ware ordinances.
Many cities now require that new businesses and existing businesses renewing their licence must get certificate of compliance for ordinance. Additionally, some cities use the Health and Safety Department inspections of restaurants and food venues as a time to check for banned food service ware items.
OTHER RESOURCES
PRODUCT STANDARDS
Local ordinances intended to rid the environment of single-use disposable food service ware plastics must consider the feasibility and impacts of alternative disposable food service ware items, especially in accordance with the local processing infrastructure. Compostable and biodegradable products usually require processing at an Industrial Composting Facility.
Recommended alternative items should be certified, ‘compostable’ or ‘biodegradable’, by credible standards organizations and compatible with local waste processing infrastructure. Ordinances should include the standards for food service ware products.
Two key organizations have developed a set of technical specifications for compostable and biodegradable food service ware products – American Society for Testing and Materials (ASTM) and the Biodegradable Products Institute (BPI). Both of these organizations provide standards that can be used anywhere in the world.
ASTM creates technical standards for compostability and biodegradability and BPI certifies compliance of food service ware products to established ASTM standards. The two most referenced standards for food service ware concern Compostability ASTM D6400 and Biodegradability ASTM D6868.
EXPERTS & ALLIES
There are a number of organisations focused specifically on supporting those advocating for food service ware ordinances. Below is a short list of partners who add valuable expertise to the subject area through their research, advocacy efforts, online resources available to public, and services they provide to communities.
ReThink Disposables – A California based initiative that works with local governments, businesses and institutions, and consumers to minimize single use disposable packaging in food service to conserve resources, prevent waste and ocean litter pollution.
UPSTREAM – A US based NGO focusing on creating ‘throw away free’ places, communities and lifestyles through education, campaigns and advocating for legislative action.
5Gyres – A US based NGO focusing on empowering action and solutions to the global plastic pollution crisis through science, education and adventure.
OTHER TOOLKITS
Check out other online toolkits and guides as additional resources
Nix the 6 – 5Gyres
The Last Straw Community Toolkit – Last Plastic Straw
Resources for Reducing Polystyrene in Your Community – MassGreen
How to Start a EPS Ban in your Town – Plastic Pollution Coalition
Disposable Foam Container Toolkit – NRCM
Marine Litter Legislation: A Toolkit for Policymakers – UNEP
Hawaii Plastic Reduction Advocacy Toolkit – Kokua Hawaii Foundation
View full list of external PDF Toolkits and whats included in each
PUBLICATIONS
Additional reports and studies worth reading
White Paper on Polystyrene by 5 Gyres
The New Plastics Economy: Rethinking the Future of Plastics by Ellen MacArthur Foundation
Chemical Toxicity of Plastics Pollution to Aquatic Life and Aquatic-Dependent Wildlife by Enviromental Protection Agency
An Industry Study on Cups & Lids by Freedonia Group
