Waste Reduction

Environmentally Preferable Food Packaging Ordinance

To reduce litter and impacts on water quality and marine life by banning Styrofoam® and other non-recyclable disposable food containers and by requiring the use of environmentally preferable food packaging options

Topic Areas Addressed:

Waste Reduction

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Keywords:

food, packaging, styrofoam, mill valley, marin county

Submitting Jurisdiction:

City of Mill Valley

At their August 3, 2009 meeting, the Mill Valley City Council voted unanimously to adopt a new Environmentally Preferable Food Packaging Ordinance which has the following two requirements:

1) All affected sectors, which includes retail food vendors, restaurants, City facilities and those who rent or reserve City facilities, can no longer use food packaging that contains Styrofoam, and

2) All affected sectors must use Environmentally Preferable Food Packaging which includes durable food ware, paper, cardboard and certified biodegradable plastics. Exemptions will be made on a case-by-case basis if it can be shown that the only available Environmentally Preferable option costs at least 15% more than an alternative, but in no cases can Styrofoam be used by affected sectors. The ordinance goes into effect November 2nd, 2009.

Public Outreach and Education:

A two-page Frequently Asked Questions (FAQ) document has been developed and is being sent to all affected businesses in Mill Valley. This new ordinance will be highlighted at the Mill Valley Chamber of Commerce “Green Business” event on September 23, 2009

Target Audience:

Retail food vendors, restaurants, manufacturers and distributors of food containers, City facilities and those who rent or reserve City facilities

Public Support & Opposition:

There has been no opposition voiced to date. Representatives of Mill Valley Market and the Mill Valley Chamber of Commerce have publicly supported this new legislation.

Fiscal Impacts:

There may be some cost differential between the banned materials and environmentally preferable materials, although many environmentally preferable materials are competitive in price with conventional products. Retailers are encouraged to charge a “take out fee” if they feel the need to cover a slight increase in cost for these containers.

Legal Issues:

Enforcement will be complaint driven. If the City Manager’s office receives a complaint of non-compliance, a letter will be sent with information about the new law and suggestions for compliance. Subsequent violations will trigger a $100 fine for the first violation, $200 fine for the second violation and a $500 fine for each additional violation.