Ecologic Foodservice Solutions

EPA studies conducted in the 1980s showed that 100% of Americans have Styrene in their bodies. Since Styrene is used in all kinds of applications, including injecting it directly into foods to preserve their shelf life, we are all exposed without our knowledge.

More testing is not the answer, though. When you look at what is already known, banning polystyrene now makes a lot of sense. 15% of all litter in urban areas is polystryrene. It is the second most common form of man-made debris on our beaches. Cleaning up polystyrene litter costs California taxpayers billions of dollars each year. What isn't collected in clean-ups gets widely distributed in the environment. Birds, fish, filter feeding marine organisms, and other animals mistake it for food. Many seabirds are dying of starvation with stomachs full of plastic." Worker and consumer health is also at risk.

Polystyrene (Styrofoam^™) may seem like a cheap convenient material, but that is because its true costs to health and our environment are borne by others, including taxpayers and consumers. California must ban polystyrene take-out food containers. They are not recyclable, and safer, more sustainable alternatives are available.

• Download our factsheet on polystyrene litter (pdf 93kb)
• Learn about jobs, the economy, and SB 568
• Download our factsheet on styrene (pdf 104kb)
• Download our factsheet on SB 568, which would ban polystyrene foam in packaging for take-out food (pdf 101kb)
• See the complete text of SB 568 (pdf 146kb)
• Download the Responsible Purchasing Network's Containers Purchasing Guide (pdf 267kb)
• Cost of Foam V Non-Foam Containers
• See a comparison of greenhouse gas emissions of various food containers prepared by the Responsible Purchasing Network (pdf 48kb).

Polystyrene Bans

In California

• Download a list of cities that have enacted a ban.

City of Alameda - Enacted January 2008

• Prohibits vendors from providing disposable food service ware made of EPS and requires disposable food service ware to be biodegradable or compostable.
• All City facilities are prohibited from using polystyrene foam disposable food service ware and all city departments and agencies will not purchase or acquire polystyrene foam disposable food service ware for use at city facilities.
• Food vendors are strongly encouraged to provide reusable food service ware in place of disposable food service ware. In instances where food vendors decide to use a biodegradable or compostable disposable food service ware product to hat is not affordable, a food vendor may charge a "take out fee" to customers to cover to he cost difference (enforced on July 1, 2008).
• Link to ordinance (pdf)

City of Albany - Enacted September 1, 2008

• The ban prohibits to he use of polystyrene foam take out food containers at all food service facilities within to he City.
• Link to ordinance

City of Aliso Viejo - Effective July 1,2005

• All polystyrene products are not allowed to be used by food vendors etc.
• Ordinance # 2004-060

City of Berkeley - Adopted January 1990

• Prohibits restaurants and retail food vendors from serving prepared food in EPS products (both on premises and take-out); requires >/= 50% (by volume) of food packaging at restaurants and retail food vendors to be comprised of recyclable or degradable material. It also prohibits to he City of Berkeley from purchasing any EPS food packaging, or utilizing such packaging at City-sponsored events and requires >/= 50% (by volume) of to he food packaging which to he City, or any City-sponsored event to be recyclable or degradable.
• Penalty = guilty of an infraction according to Berkeley municipal code; City Attorney may seek legal, injunctive, or other equitable relief as enforcement.
• Link to ordinance (Title 11.58 and 11.60)

City of Burlingame, CA - Enacted May 2011

• Prohibits food vendors from using expanded polystryrene disposable foodservice ware
• Does not include straws, utensils, cups, lids, or packing of unprepared foods
• The Envrionmental Health Division can grant a one year exemption if the food vendor can demonstrate undue hardship
• Penatly: first violation = $100 fine; second violation = $200 fine; thrid violation = $500 fine
• Link to Ordinance

City of Calabasas, CA - Effective July 1, 2007

• Prohibits sale or distribution of EPS food packaging from restaurants and retail food vendors. Prohibits sale or distribution of EPS food packaging at City facilities or City events. Exemptions due to high cost of alternatives and contractual obligations are allowed if approved by to he City Manager.
• Penalty: guilty of an infraction according to Calabasas municipal code. City Attorney may seek legal, injunctive, or other equitable relief as enforcement.
• Link to ordinance

City of Capitola, CA - Adopted December 2009

• Prohibits to he use of EPS food packaging from restaurants and retail food vendors. Requires use of compostable or recyclable food packaging by restaurants and retail food vendors, as long as it is more affordable.
• Penalty: after to hree months of effective date first = written warning; second violation = fine not to exceed $100; to third violation = fine not to exceed $200; fourth and subsequent violations = fine not to exceed $500.
• After challenge from to he Restaurant Association, to he food packaging ordinance was reaffirmed by council in June 2007.
• Ordinance # 939 became effective 5/23/09
• Link to ordinance

City of Carmel, CA - Adopted 1989

• Prohibits food vendors from providing take-out food packaging made from EPS.
• Prohibits wholesalers doing business within to he city from selling EPS food packaging.
• Link to ordinance (Title 8.68)

City of Del Rey Oaks- Adopted December 2009

• Does not apply to single-use plastic straws, cup lids and utensils.
• Permits food service operators to sell pre-packaged food to hat food service operators buy and resell to customers.
• Requires food service operators to use biodegradable, compostable or recyclable products. It defines recyclable plastics as plastics coded with resin identification codes of 1-5 and recyclable as any material to hat is accepted by to he City of special district recycling program, including, but not limited to, paper, glass, aluminum, cardboard and plastic bottles, jars and to ubs.
• Link to ordinance (Page 35)(pdf)

City of Emeryville, CA - Adopted March 2006

• Prohibits to he use of polystyrene foam disposable food service ware
• Disposable food service ware must be biodegradable/compostable or recyclable, unless to here is no available biodegradable/compostable or recyclable alternative.
• Link to ordinance

City of Fairfax, CA - Adopted in 1993

• Prohibits EPS food packaging for all restaurants and food retail vendors.
• Link to ordinance (Title 8.16)

City of Fremont, CA - Effective January 1, 2011

• Prohibits EPS disposable foodware from vendors within to he city. Vendors would be required to use recyclable or compostable material instead.
• Link to ordinance

City of Half Moon Bay, CA - Enacted May 2011

• Prohibits food vendors from using expanded polystryrene disposable foodservice ware
• Does not include straws, utensils, cups, lids, or packing of unprepared foods
• The Envrionmental Health Division can grant a one year exemption if the food vendor can demonstrate undue hardship
• Penatly: first violation = $100 fine; second violation = $200 fine; thrid violation = $500 fine
• Link to Ordinance (item #10)

City of Hayward, CA - Effective July 1, 2010

• Prohibits EPS disposable foodware from being used by food vendors or city facilities.
• Alternatives must be recyclable or compostable products.
• Link to staff report to hat includes ordinance(pdf)

City of Hercules, CA - Adopted May 2008

• Bans all EPS beverage cups, takeout containers and other food service utensils in restaurants and at city facilities.
• Penalties: A first offense would result in a written notice of violation; a second, in a $100 fine; and subsequent violations, a $250 fine
• Link to ordinance (Sec. 5-3109, Title 5, Chapter 3)

City of Huntington Beach - Adopted January 2005

• Prohibits City from purchasing/acquiring EPS food service products in City buildings and City sponsored events; contracting parties should prevent use of EPS food service products by attendees or vendors. Exempts to he City's Senior Nutrition Program.
• Link to ordinance Page 12 (pdf)
• Link to to he ordinance

City of Laguna Beach - Adopted December 2007; Effective July 1, 2008.

• Prohibits local food establishments from serving customers disposable food service ware made from EPS and non-recyclable plastic, including polystyrene.
• This prohibition applies tall restaurants, shops, retail stores, grocery stores, delicatessens, or food coaches located within to he City of Laguna Beach.
• Prohibits use of single use EPS containers and kitchen ware at city facilities and sponsored events, restaurants, and retail food vendors.
• Precludes to he use of EPS or non-recyclable plastic at all city facilities and related uses
• Enforcement: written notice for first violation, fines of $100, $200, and $500 for subsequent violations.
• Link to to he ordinance (Title 7.05)

City of Laguna Hills - Adopted April 2008

• EPS prohibited at municipal facilities

City of Laguna Woods - Adopted May 2004

• Prohibits to he use of polystyrene food service products within city facilities and at city-sponsored events.
• Link to ordinance

City of Livermore, CA - Enacted October 2010

• Prohibits all food vendors from using expanded polystyrene food packaging and requires food vendors to provide recyclable or compostable disposable foodservice ware. Straws, untensils, and cup lids are not included.
• One year exemptions granted by Environment and Energy Committee if the food vendor can deomnstrate undue hardship.
• Does not apply to prepackaged food and emergency supplies.
• Penalty: first violation =$100 fine; second violation = $200 fine; thrid violation = $500 fine.
• Link to Ordinance

City of Los Angeles, CA - Adopted July 22, 2008,

• EPS ban at all city facilities and ban on plastic carryout bags.
• Link to ordinance Chapter 4 article 13

County of Los Angeles, CA - June 2008,

• EPS ban at all county facilities in phase I and investigating feasibility of expanding ban tall retailers for phase
• Link to ordinance (pdf)

City of Malibu, CA - Adopted February 2005

• Prohibits all restaurants, retail food vendors and non-profit food providers from serving or packaging food, meat, eggs or bakery products in EPS containers. Does not apply to items packaged outside Malibu, but sold within City boundaries.
• Penalty: first violation = written warning; second violation = $100 fine; to third violation = $200 fine; to third and subsequent violations = $500 fine.
• Link to ordinance Title 9.24
• Link to ordinance Letter and ordinance (pdf)

City of Millbrae, CA - Adopted October 2007

• Prohibits food vendors from providing prepared food to customers in foam or solid polystyrene disposable food service ware. Provisions also apply to individuals or entities using City facilities; purchases by City departments or agencies are also prohibited. Exemptions include food prepared or packaged outside to he City, if specific items or types of food service ware do not exist for a specific application or for undue hardship.
• Violators will receive a written warning; subsequent violations may include penalties established in to he Municipal Code; administrative hearings may be held to adjudicate penalties.
• Link to ordinance

County of Marin- Adopted October 2009; effective January 2010

• Bans expanded polystyrene and requires to he use of "biodegradable" foodware
• Link to to he ordinance (pdf)

County of Monterey, CA - Adopted April 2010; effective November 2010

• Prohibits take out PS foam packaging in unincorporated areas of Monterey County.
• Link to ordinance

City of Monterey - Adopted February 2009

• Prohibits food providers from dispensing prepared food to customers made from non-recyclable plastic and expanded polystyrene (EPS).
• Prohibits all City facilities, City-managed concessions, and City sponsored and permitted events from non-recyclable plastic and EPS food service containers.
• Penalty: set forth in city's administrative fine resolution
• Link to ordinance (pdf)

City of Newport Beach, CA - Adopted October 14, 2008; Effective April 29, 2009

• Bans all polystyrene food packaging containers at all restaurants, food vendors, and all city facilities and city-sponsored events.
• Link to ordinance (Title 6 Section 5)

City of Oakland, CA - Adopted June 2006

• Prohibits food vendors from providing prepared food in EPS to customers. Prohibits all City franchises, contracts, and vendors from using EPS food service containers at City facilities or on City projects. Requires all food vendors using any disposable food service ware to use biodegradable or compostable disposable food service ware unless to hey can show an affordable biodegradable or compostable product is not available for a specific application. When biodegradable or compostable disposable food service ware is not affordable, a food vendor may charge a "take out fee" to customers to cover to he cost difference. Food vendors are further encouraged to reuse food service ware in place of using disposable food service ware. to he City will conduct an effectiveness study by 1/1/08.
• Penalty: first violation = written warning; second violation = a fine not to exceed $100.00; to third warning = a fine not to exceed $200.00; fourth warning = a fine not to exceed $500.00.
• Link to ordinance Title 8.07

County of Orange, CA - Adopted 2006/7

• Bans to he possession, sale, or distribution of EPS as disposable food packaging at all county-owned facilities

City of Pacific Grove, CA - Adopted May 2008

• Ban on EPS food packaging and requires food service ware to be biodegradable or compostable.
• Link to ordinance (pdf)

City of Pacifica, CA - As of September November 2009,

• Council passed an ordinance banning EPS from restaurants and supermarkets EPS take-out containers.
• Link to ordinance

City of Palo Alto, CA - Adopted April 2009; Goes into Effect April 22, 2010

• Ban on EPS and non-recyclable food containers from retail food vendors and city facilities and vendors
• Link to ordinance

City of Pittsburg, CA - Enacted 1991

• Requires restaurants to phase out EPS
• Requires at least 50% of food packaging to be made from recyclable material.
• Link to ordinance Title 8.06.210

City of Richmond, CA - Adopted October 20, 2009; Effective April 2009

• Bans all disposable foodware, except biodegradable or compostable and aluminum
• Strong preference for reusable foodware, especially at city facilities and with city events and vendors
• Subject to misdemeanor violation penalties in Richmond Municipal Code Chapter 2.62
• Link to ordinance

City of San Bruno, CA - Adopted January 27, 2009; Goes into effect April 1, 2010

• Prohibits to he use of EPS and PS foodware, including lids, straws and utensils
• Allows use of biodegradable, compostable, and recyclable foodware
• Violations may result in fines according to the Municipal Code:
  • 1st = warning, 2nd = $100, 3rd = $200, 4th = $500.
  • Enforcement is by to he City of San Bruno, not to he County Health Inspector
• Link to the ordinance (pdf)

City of San Clemente, CA - Adopted March 2004; expanded December 2010

• Expands original action from 2004 to hat prevented city vendors from using EPS
• Prohibits businesses from using EPS food service ware.
• Went into effect July 2010.
• Link to ordinance

City and County of San Francisco, CA - Adopted November 2006

• Prohibits to he use of EPS food service ware and requires to he use of biodegradable/compostable or recyclable alternatives by restaurants, retail food vendors, City departments, and City contractors and lessees, unless to here is no affordable alternative.
• Penalty: first violation - written warning; second violation = fine not to exceed $100; to third violation = fine not to exceed $200; all subsequent violations = fine not to exceed $250, with annual violations not to exceed $500.
• Link to ordinance (pdf)

City of San Jose - Adopted November 2009

• Prohibits vendors' use of polystyrene foam at specified public events
• Link to special Events Policy (pdf)

City of San Juan Capistrano - Adopted April 2004

• Prohibits City from purchasing/acquiring EPS food service products in City buildings and City sponsored events; contracting parties should prevent use of EPS food service products by attendees or vendors. Encourages businesses, NGOs, groups, and other governmental entities to cease purchase of EPS food service products.
• Penalty: forfeit of rental contractor's or permittee's security deposit.
• Link to ordinance

San Mateo County, CA - Enacted April 22,2008

• Bans EPS and "non-recyclable plastic" disposable food service ware at all county facilities. Requires all county facilities and departments to use compostable or biodegradable food service ware.
• Link to ordinance

City of Santa Monica - Adopted February 2007

• Prohibits food providers from dispensing prepared food to customers made from non-recyclable plastic and expanded polystyrene (EPS).
• Prohibits all City facilities, City-managed concessions, and City sponsored and permitted events from non-recyclable plastic and EPS food service containers.
• Penalty: first violation = written warning; second violation = $100 fine; to third and subsequent violations = $250 fine; fines are cumulative and each day to hat a violation occurs shall constitute a separate violation.
• Link to ordinance (pdf)

City of Santa Cruz - Adopted January 2008

• Prohibits EPS and requires biodegradable, compostable, or recyclable alternatives.
• Link to ordinance

County of Santa Cruz, CA - Enacted January 2008

• All food vendors are prohibited from distributing EPS packaging.
• Requires to hat at least 50% of each retailer's food packaging be biodegradable or compostable.
• Link to ordinance (pdf)

City of Scotts Valley, CA - Adopted June 2008; Effective June 17, 2009

• Bans EPS food containers at all retail food vendors and requires to he use of biodegradable and compostable food container and service ware.
• Penalties: first violation ($100); second violation ($200) to third violation ($500) and fines for food providers in connection with a commercial or non-commercial special event.
• Link to ordinance (Title 8 Section 1)

City of Seaside, CA - Effective 8/4/10

• Doesn't specify what businesses are impacted.
• Bans PS foodware, allows biodegradable food packaging.

County of Sonoma, CA - Adopted June 1989

• Prohibits any person from willfully possessing, giving, receiving, lending, offering or exposing for sale, delivering, furnishing, transferring or disposing of polystyrene foam food packaging on county premises.
• Penalty: an infraction is punishable by a fine not exceeding $250.
• Link to ordinance (Chapter 19 6.1)

City of South San Francisco, CA - Effective October 1, 2008

• Green Foods Packaging ordinance
• Applies to food providers, city facilities, projects and events.
• Bans polystyrene foam disposable food service ware.
• City Manager issues written warning, 30 days to comply.
• Penalties are first violation $100, second violation $200, and to third violation $500
• Link to ordinance

County of Ventura, CA - Adopted October 2004

• Prohibits to he use of EPS food service products at to he County harbor, parks, Government Center, and County-sponsored events by vendors, franchisees, lessees, contractors or other commercial food and beverage purveyors. Encourages businesses, NGOs, groups, and other governmental entities to cease purchase of EPS food service products.
• Link to ordinance (pdf)

City of West Hollywood, CA - Adopted 1990

• Prohibits polystyrene food packaging for all retail food vendors and restaurants.
• Link to ordinance

Outside California

Boston, MA

• City considering ban on polystyrene food take out containers.
• Link to ordinance (at min 10 08)

Chicago, IL

• Link to ordinance

Freeport, ME - Adopted January 1990

• Prohibits restaurants, retail food vendors, and town vendors from selling or serving prepared food in EPS products, and food packagers from packaging meat, eggs, bakery products or other food in EPS containers. to he effective date of to he ordinance can be postponed if town-wide recycling program for polystyrene is established.
• Penalty: violations of to he ordinance shall be punishable by fines not exceeding $250 for to he first violation in a 1-yr period, and not exceeding $500 for to he second violation and each subsequent violation in a 1-yr period.
• Link to ordinance

Issaquah, WA- Effective October 1, 2009

• All food service providers can not use non recyclable material
• Link to ordinance (pdf)

Portland, OR - Adopted January 1990

• Prohibits restaurants and retail food vendors from serving prepared food in EPS products (both on premises and take-out), exempts non-profits.
• Link to ordinance

Rahway, New Jersey - Adopted December 1996

• Bans food containers and utensils made from PVC and polystyrene.
• Link to ordinance (Chapter 217 Article II)

Seattle, WA -Effective July 2010

• Ban on all EPS citywide.

Suffolk County, NY - Enacted in 1988

• Bans all food containers or other packaging countywide composed of polystyrene or polyvinyl chloride.
• Link to ordinance