SACRAMENTO Calif. —Restaurant operators in California are gearing up for what some have dubbed “Foam Fight 2009,” as law-makers consider legislation that could make California the first state to ban the use of polystyrene foam and nonrecyclable disposable foodservice containers.
Polystyrene foam is a plastic commonly known by the brand name Styrofoam, one of the most inexpensive food container materials available. Expanded polystyrene can be used to make clear plastic containers. —Restaurant operators in California are gearing up for what some have dubbed “Foam Fight 2009,” as law-makers consider legislation that could make California the first state to ban the use of polystyrene foam and nonrecyclable disposable foodservice containers.
Environmental activists, however, argue that such nonbiodegradable plastic is a leading cause of pollution in oceans and inland waterways and may have a toxic effect on both marine life and humans. —Restaurant operators in California are gearing up for what some have dubbed “Foam Fight 2009,” as law-makers consider legislation that could make California the first state to ban the use of polystyrene foam and nonrecyclable disposable foodservice containers.
More than 30 mostly coastal cities and counties in California have enacted comprehensive or partial bans on the use of polystyrene products by restaurants, and another seven are considering similar restrictions. Outside California, bans are in place in the cities of Seattle and Portland, Ore., as well as Rahway, N.J.; Freeport, Maine; and Suffolk County, N.Y., according to California Clean Water Action. —Restaurant operators in California are gearing up for what some have dubbed “Foam Fight 2009,” as law-makers consider legislation that could make California the first state to ban the use of polystyrene foam and nonrecyclable disposable foodservice containers.
New state legislation proposed Feb. 27 by Reps. Jerry Hill, D-San Mateo, and Petro Nava, D-Santa Barbara, would ban the use of polystyrene foam or expanded polystyrene foodservice products statewide, as well as prohibit the use of any nonrecyclable plastic food container or nonrecycled paper container. —Restaurant operators in California are gearing up for what some have dubbed “Foam Fight 2009,” as law-makers consider legislation that could make California the first state to ban the use of polystyrene foam and nonrecyclable disposable foodservice containers.
Under the proposed Assembly Bill 1358, restaurants, retail food vendors and state facilities would be authorized to use compostable containers in cities where organic waste is collected curbside for composting, or recyclable plastic or paper products made from 100-percent post-consumer recycled material. —Restaurant operators in California are gearing up for what some have dubbed “Foam Fight 2009,” as law-makers consider legislation that could make California the first state to ban the use of polystyrene foam and nonrecyclable disposable foodservice containers.
Restaurant operators say they would love to use more “green” alternatives for disposable ware. The problem, however, is that such products are significantly more expensive than polystyrene-based options. A mandate to use green products, they say, would force restaurants to raise menu prices at a time when consumers are holding tight to their wallets—a dangerous move in today’s economy. —Restaurant operators in California are gearing up for what some have dubbed “Foam Fight 2009,” as law-makers consider legislation that could make California the first state to ban the use of polystyrene foam and nonrecyclable disposable foodservice containers.
Many also contend that some compostable and biodegradeable products have a tendency to melt when exposed to hot foods, and they worry that they will be forced to pay more for recyclable products that will end up in landfills because consumers don’t recycle them. —Restaurant operators in California are gearing up for what some have dubbed “Foam Fight 2009,” as law-makers consider legislation that could make California the first state to ban the use of polystyrene foam and nonrecyclable disposable foodservice containers.
“When we talk to our members, there’s the absolute desire to work with something environmentally friendly, but price and function are a problem,” said Matt Sutton, senior legislative director for the California Restaurant Association. “Restaurant owners are trying to find that magic spot where those three things come together: environment, cost and function. To the extent that such products become available, it will be only natural for them to use them.” —Restaurant operators in California are gearing up for what some have dubbed “Foam Fight 2009,” as law-makers consider legislation that could make California the first state to ban the use of polystyrene foam and nonrecyclable disposable foodservice containers.
A statewide ban on polystyrene foam foodservice ware has been proposed in California in the past and failed. However, because so many local jurisdictions have adopted such bans, including the cities of Monterey and San Bruno just last month, observers say support has grown for state-level action. —Restaurant operators in California are gearing up for what some have dubbed “Foam Fight 2009,” as law-makers consider legislation that could make California the first state to ban the use of polystyrene foam and nonrecyclable disposable foodservice containers.
Supporters say a statewide ban would create an immediate market for green disposables, which would potentially bring the cost of such products down. —Restaurant operators in California are gearing up for what some have dubbed “Foam Fight 2009,” as law-makers consider legislation that could make California the first state to ban the use of polystyrene foam and nonrecyclable disposable foodservice containers.
Manufacturers of both polystyrene and recyclable and biodegradable products, however, disagree. —Restaurant operators in California are gearing up for what some have dubbed “Foam Fight 2009,” as law-makers consider legislation that could make California the first state to ban the use of polystyrene foam and nonrecyclable disposable foodservice containers.
“In today’s environment, with so many competitors, there’s excess capacity [of green products],” said Malcolm Simmonds, senior vice president of foodservice sales and marketing for Solo Cup Co., based in Highland Park, Ill., which produces both polystyrene foam ware as well as a range of recyclable, compostable and bio-plastic options. “With contracting demand, we’ve got prices as low as they’re going to be.” —Restaurant operators in California are gearing up for what some have dubbed “Foam Fight 2009,” as law-makers consider legislation that could make California the first state to ban the use of polystyrene foam and nonrecyclable disposable foodservice containers.
Nationally, demand is softening for Solo’s greener products, largely because of economic pressures, he said. Green alternatives typically are priced about 5 percent to 40 percent more than more affordable options. —Restaurant operators in California are gearing up for what some have dubbed “Foam Fight 2009,” as law-makers consider legislation that could make California the first state to ban the use of polystyrene foam and nonrecyclable disposable foodservice containers.
“Our customer base is clearly showing less interest in paying a premium,” he said. “Their ability to pass on those costs and stay in business is in jeopardy.” —Restaurant operators in California are gearing up for what some have dubbed “Foam Fight 2009,” as law-makers consider legislation that could make California the first state to ban the use of polystyrene foam and nonrecyclable disposable foodservice containers.
Comprehensive Polystyrene Bans —Restaurant operators in California are gearing up for what some have dubbed “Foam Fight 2009,” as law-makers consider legislation that could make California the first state to ban the use of polystyrene foam and nonrecyclable disposable foodservice containers. Santa Monica, Calif.—Effective February 2007Millbrae, Calif.—Adopted September 2007Monterey, Calif.—Adopted February 2009Laguna Beach, Calif.—Adopted December 2007; Effective July 1, 2008Rahway, N.J.—Adopted December 1996Suffolk County, N.Y.—Enacted in 1988West Hollywood, Calif.—Adopted 1990Seattle, Wash.—Effective July 2010Alameda, Calif.—Enacted January 2008Carmel, Calif.—Adopted 1989Berkeley, Calif.—Adopted January 1990Portland, Ore.—Adopted January 1990Freeport, Maine—Adopted January 1990Fairfax, Calif.—Adopted in 1993Malibu, Calif.—Adopted February 2005Emeryville, Calif.—Adopted March 2006Oakland, Calif.—Adopted June 2006San Francisco, Calif.—Adopted November 2006Capitola, Calif.—Adopted December 2006Calabasas, Calif.—Effective July 1, 2007Santa Cruz County, Calif.—Enacted January 2008Pacific Grove, Calif.—Adopted May 2008Hercules, Calif.—Adopted May 2008Scotts Valley, Calif.—Adopted June 2008; Effective June 17, 2009Santa Cruz, Calif.—Adopted January 2008San Bruno, Calif.—adopted Feb. 2009; implementation April 2010, subject to further reviewNewport Beach, Calif.—Adopted October 14, 2008; Effective April 29, 2009 —Restaurant operators in California are gearing up for what some have dubbed “Foam Fight 2009,” as law-makers consider legislation that could make California the first state to ban the use of polystyrene foam and nonrecyclable disposable foodservice containers. Partial Bans —Restaurant operators in California are gearing up for what some have dubbed “Foam Fight 2009,” as law-makers consider legislation that could make California the first state to ban the use of polystyrene foam and nonrecyclable disposable foodservice containers. Sonoma County, Calif.—Adopted June 1989Pittsburg, Calif.—Enacted 1991San Juan Capistrano, Calif.—Adopted April 2004San Clemente, Calif.—Adopted March 2004Laguna Woods, Calif.—Adopted May 2004Aliso Viejo, Calif.—Adopted June 2004Ventura County, Calif.—Adopted October 2004Huntington Beach, Calif.—Adopted January 2005Los Angeles, Calif.—As of July 22, 2008San Mateo County, Calif.—Enacted April 22,2008 —Restaurant operators in California are gearing up for what some have dubbed “Foam Fight 2009,” as law-makers consider legislation that could make California the first state to ban the use of polystyrene foam and nonrecyclable disposable foodservice containers. Cities and Counties Considering EPS Bans —Restaurant operators in California are gearing up for what some have dubbed “Foam Fight 2009,” as law-makers consider legislation that could make California the first state to ban the use of polystyrene foam and nonrecyclable disposable foodservice containers. Burbank, Calif.—As of October 14, 2008, Council is considering ban on Styrofoam.Long Beach, Calif.—As of April 2008, proposing to ban EPS at city facilities.Los Angeles County, Calif.—As of June 2008, proposes EPS ban at all county facilities in phase I and investigating feasibility of expanding ban to all retailers for phase 2.Riverbank, Calif. (Stanislaus County)—As of October 2008, proposing to ban all Styrofoam takeout containers at fast-food restaurants.Marina, Calif. (Monterey County)—New Green Party mayor is proposing a ban on polystyrene. —Restaurant operators in California are gearing up for what some have dubbed “Foam Fight 2009,” as law-makers consider legislation that could make California the first state to ban the use of polystyrene foam and nonrecyclable disposable foodservice containers. SOURCE: THE CALIFORNIA CLEAN WATER ACTION/CLEAN WATER FUND —Restaurant operators in California are gearing up for what some have dubbed “Foam Fight 2009,” as law-makers consider legislation that could make California the first state to ban the use of polystyrene foam and nonrecyclable disposable foodservice containers.
Sutton of the CRA said the bill was a starting point and that it likely would evolve. The CRA is likely to push for the addition of an “affordability clause,” or some language that would exempt operators if they could not find more environmentally friendly disposable ware within the same price range as polystyrene versions. —Restaurant operators in California are gearing up for what some have dubbed “Foam Fight 2009,” as law-makers consider legislation that could make California the first state to ban the use of polystyrene foam and nonrecyclable disposable foodservice containers.
Others argue that an affordability clause would essentially take the teeth out of the ban, given that green takeout containers are so much more expensive than polystyrene-based products. —Restaurant operators in California are gearing up for what some have dubbed “Foam Fight 2009,” as law-makers consider legislation that could make California the first state to ban the use of polystyrene foam and nonrecyclable disposable foodservice containers.
In San Francisco, a ban on polystyrene takeout containers adopted in 2006 includes a clause that allows operators an exemption on disposable biodegradable or compostable flatware if alternatives can’t be found within 15 percent of the price of polystyrene-based products. —Restaurant operators in California are gearing up for what some have dubbed “Foam Fight 2009,” as law-makers consider legislation that could make California the first state to ban the use of polystyrene foam and nonrecyclable disposable foodservice containers.
As a result, many in the city are “paying up” for green takeout packaging, but others haven’t made the switch on flatware because of economic pressures. —Restaurant operators in California are gearing up for what some have dubbed “Foam Fight 2009,” as law-makers consider legislation that could make California the first state to ban the use of polystyrene foam and nonrecyclable disposable foodservice containers.
“I don’t think there’s any question that the economy is affecting people’s decisions,” said Kevin Westlye, executive director of the Golden Gate Restaurant Association in San Francisco, which endorsed the ban. —Restaurant operators in California are gearing up for what some have dubbed “Foam Fight 2009,” as law-makers consider legislation that could make California the first state to ban the use of polystyrene foam and nonrecyclable disposable foodservice containers.
By supporting the ordinance, Westlye said, “we thought we were eliminating the use of polystyrene foam, which is a good idea, but also creating an immediate market of more than 4,000 restaurants for compostable and biodegradable ware, which could help bring the prices down.” —Restaurant operators in California are gearing up for what some have dubbed “Foam Fight 2009,” as law-makers consider legislation that could make California the first state to ban the use of polystyrene foam and nonrecyclable disposable foodservice containers.
Westlye said that while he has no hard data, members have indicated anecdotally that green containers have dropped somewhat in price. But, he added, “compostable flatware is still significantly more expensive.” —Restaurant operators in California are gearing up for what some have dubbed “Foam Fight 2009,” as law-makers consider legislation that could make California the first state to ban the use of polystyrene foam and nonrecyclable disposable foodservice containers.
Russ Bendel, president and chief executive of The Habit Burger Grill chain, based in Santa Barbara, Calif., said quick-service chains with a large takeout business, like his, are likely to feel the pain of a state mandate more than those with less need for disposables. —Restaurant operators in California are gearing up for what some have dubbed “Foam Fight 2009,” as law-makers consider legislation that could make California the first state to ban the use of polystyrene foam and nonrecyclable disposable foodservice containers.
Among the chain’s 23 units, four Habit Burger locations in Santa Barbara use corn-based biodegradable takeout containers because of a local polystyrene ban there. Those green products are more than twice the price of containers used by other Habit locations, Bendel said. —Restaurant operators in California are gearing up for what some have dubbed “Foam Fight 2009,” as law-makers consider legislation that could make California the first state to ban the use of polystyrene foam and nonrecyclable disposable foodservice containers.
“We’ve thought about going systemwide with the green products, but it’s really not the time for restaurants to pass on such costs to consumers,” he said. “If someone would show us a product that’s environmentally friendly and within even 15 percent of the cost of plastic, we would make the change tomorrow.” —Restaurant operators in California are gearing up for what some have dubbed “Foam Fight 2009,” as law-makers consider legislation that could make California the first state to ban the use of polystyrene foam and nonrecyclable disposable foodservice containers.
Bendel noted that chains like his are at a disadvantage with differing ordinances in so many jurisdictions. —Restaurant operators in California are gearing up for what some have dubbed “Foam Fight 2009,” as law-makers consider legislation that could make California the first state to ban the use of polystyrene foam and nonrecyclable disposable foodservice containers.
“It’s hard to source products, whether logoed or not, when there are all these different regulations,” he said. —Restaurant operators in California are gearing up for what some have dubbed “Foam Fight 2009,” as law-makers consider legislation that could make California the first state to ban the use of polystyrene foam and nonrecyclable disposable foodservice containers.
The state legislation, as proposed, would not supplant local ordinances, leaving existing regulations within the various cities and counties in place. —Restaurant operators in California are gearing up for what some have dubbed “Foam Fight 2009,” as law-makers consider legislation that could make California the first state to ban the use of polystyrene foam and nonrecyclable disposable foodservice containers.
Some cities, however, are struggling to enforce such ordinances. —Restaurant operators in California are gearing up for what some have dubbed “Foam Fight 2009,” as law-makers consider legislation that could make California the first state to ban the use of polystyrene foam and nonrecyclable disposable foodservice containers.
In Oakland, Calif., an ordinance went into effect Jan. 1, 2007, banning the use of polystyrene foam containers and requiring the use of biodegradable or compostable alternatives, such as coated and uncoated paper, cardboard, recyclable plastics, aluminum foil and bio-plastics. —Restaurant operators in California are gearing up for what some have dubbed “Foam Fight 2009,” as law-makers consider legislation that could make California the first state to ban the use of polystyrene foam and nonrecyclable disposable foodservice containers.
Oakland officials say thousands of restaurants there have made the switch, but the city is still a long way from complete compliance, in part because the ordinance didn’t create a process for enforcement. —Restaurant operators in California are gearing up for what some have dubbed “Foam Fight 2009,” as law-makers consider legislation that could make California the first state to ban the use of polystyrene foam and nonrecyclable disposable foodservice containers.
A few restaurants have been sent warning letters when consumers complain about the use of polystyrene foam, officials said. So far, however, none have been fined the required $100 to $500 in penalties. —Restaurant operators in California are gearing up for what some have dubbed “Foam Fight 2009,” as law-makers consider legislation that could make California the first state to ban the use of polystyrene foam and nonrecyclable disposable foodservice containers.
