Plastics Reduction Regulations and Initiatives

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Reducing Single Use Foodware Plastics and Polystyrene Products in the City of Glendale

The City of Glendale is committed to providing a clean and livable space for all. Actions the City has taken in this area include implementing programs to reduce the amount of plastic waste in our City. The City has passed two (2) ordinances regulating plastic waste. The first focused on reducing single-use plastic foodware use in City operations (Ordinance No 6964), and the second focused on reducing disposable foodware accessories in Glendale businesses and organizations (Ordinance No 5973).

The City continues developing and implementing programs and policies to reduce plastic waste in Glendale. We are considering proposed regulations prohibiting polystyrene products' use, sale, and distribution. Furthermore, we want input from our community on proposed single-use plastic foodware regulations.

Plastic Waste Reduction Regulations

Proposed Polystyrene Regulations

Single Use Plastic Foodware Ban

Comments or Questions on the Plastic Foodware Regulations?

Take the survey.

Proposed Plastic Waste Reduction Regulations

The City’s Office of Sustainability is seeking feedback from food and beverage providers on proposed regulations that aim to reduce the use and disposable of single-use plastics in our City. As we have mentioned when discussing a polystyrene ban, there are several negative environmental impacts associated with plastic litter, namely:

Plastic is the primary source of land litter in California. It comprises 7 of the top 10 litter products found on beaches, with food service ware ranking fourth highest.
Plastic litter infiltrates City drainage systems and accrues in landfills with a lifespan likely lasting centuries.
Urban runoff channels millions of tons of debris into oceans annually, threatening invaluable natural habitats and marine life.
Traditional petroleum-based plastics rely on nonrenewable energy sources for production and recovery, contributing to an increasing global carbon footprint throughout their lifecycle.

The City is looking to develop plastic waste reduction regulations supported by the business community and the wider public. However, it is paramount that we hear the voice of the business community.

We have developed a short survey on the proposed regulations to obtain feedback from Glendale businesses. The Survey is accessed by using the following link: GlendaleCA.gov/PlasticsSurvey.

The Proposed Regulations:

1. Prohibition of Single-use Plastic Straws, Stirrers, and Utensils

A proposed prohibition on the use and distribution of single-use plastic straws, stirrers, and utensils may be developed as follows:

Prohibition on Single-Use Plastic. Food and Beverage Providers shall not use or distribute plastic straws, stirrers, or utensils, whether for use on-site, to-go, or delivery. Disposable straws, stirrers, and utensils must be made from non-plastic materials, such as paper, pasta, sugar cane, bamboo, or wood.
Use Accommodation. Food and Beverage Providers Citywide may retain and dispense plastic straws available upon request as an accommodation to people with disabilities to provide equal access to food and beverage services within the City.

2. Disposable Foodware Recycling Standards

The City wishes to establish disposable foodware recycling standards, where disposable foodware accessories shall be accepted at the City recycling and compost collection programs. The regulations may be developed as follows:

Disposable Foodware and Disposable Foodware Accessories: No Food or Beverage Facility may distribute to customers disposable foodservice ware that is not either compostable or recyclable.
The City shall maintain a list of suppliers that sell Disposable Foodware and Disposable Foodware Accessories that comply with the Disposable Foodware Standards on its website.

3. Reusable Foodware for Dining on Premises

The City is also considering requirements for reusable foodware for on-premises dining. Food or beverages served for consumption on premises shall only be served using reusable foodware. The regulations may be developed as follows:

Prepared Food and or Beverages served for consumption by a customer on the premises of food and beverage facilities, shall only be distributed in disposable foodware.
Food and Beverage Providers that do not have on-site or off-site dishwashing capacity or cannot contract services to wash, rinse, and sanitize Reusable Foodware in compliance with the California State Health Code may request an extension or exemption. To obtain an extension or exemption, the Food or Beverage Provider must demonstrate an inability to comply due to insurmountable space constraints, undue financial hardship, or other extraordinary, impossible circumstances.

Resources

The following firms and alternative food ware products are provided for your convenience. Their inclusion does not imply that the firms or the alternative food ware products they sell are endorsed by the City.

The County of Los Angeles also has a list of polystyrene alternatives.

Plastic Waste Reduction Webinar

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Proposed Polystyrene Regulations

PolystyreneAware_web_bannner

Proposed Title: Regulations for Polystyrene Foodware, Polystyrene Coolers, Polystyrene Packaging Materials, Polystyrene Egg Cartons, Polystyrene produce Trays and Polystyrene Meat and Fish Trays.

This policy proposes to ban the sale, use and distribution of certain polystyrene products. By regulating the distribution of these items, we can collectively reduce the amount of plastic waste and reduce trash in our community.

Proposed ordinance updates will be posted here and shared in the Office of Sustainability newsletter. It is anticipated the Polystyrene Regulation will go into effect late 2023.

Any questions or comments regarding the proposed regulations please contact the Office of Sustainability at 818-548-4844 or email Sustainability@Glendaleca.gov.

The City of Glendale will be doing outreach on the proposed polystyrene regulations. A draft of the ordinance can be found here.

Program Dates:

July - July 3 & 5 Montrose Shopping Park
September - September 28, Plastic Waste Reduction Webinar
October 31 - Ordinance Introduction to City Council (Action Item 8a)
November 7 - Ordinance Adoption by City Council

Letter from Sustainability Officer and Flyer (English), Flyer (Armenian), Flyer (Spanish)

What organizations will be affected by the proposed regulations?

What type of polystyrene products are covered under the proposed Polystyrene Waste Reduction Regulations Disposable?

This proposed Polystyrene Waste Reduction Regulations covers polystyrene foodware, polystyrene coolers, polystyrene packaging materials, polystyrene egg cartons, polystyrene produce trays, polystyrene meat and fish trays.

Polystyrene Foodware

The sale of polystyrene single-use foodware, including, but not limited to, plates, bowls, trays, wrappers or wrapping, platters, cartons, condiment containers, cups or drink ware, straws, lids, cutlery, utensils, stirrers, lid plugs (splash sticks), or any container in or on which prepared food or beverages are placed, packaged or served for consumption.

Polystyrene Foam Coolers

The sale of polystyrene foam coolers not encased in another material.

Polystyrene Trays

The sale of polystyrene meat, poultry, fish, and vegetable trays, and egg cartons.

Polystyrene Packing Products

The use of polystyrene products for packing purposes for all regulated entities.

No Resin Code "No. 6" or "PS"

Food and Beverage Providers that distribute Prepared Food or Raw Food or Beverages in Disposable Foodware or Disposable Foodware Accessories shall: (1) Not distribute Disposables that exhibit Resin Code “No. 6” or “PS”; and (2) maintain documentation about the composition of the Disposable Foodware or Disposable Foodware Accessories. Such documentation shall include information from the either the supplier, the manufacturer, or bulk packaging for the Disposables, and information which demonstrates the disposable material is not composed of Polystyrene.

Why are we banning it?

The Report “Plastic Waste in Los Angles County” identifies the harm to the marine environment from plastic letter where plastic pollution originates for inland and enters the marine environment via stormwater channels and other conveyances.

The report also identifies the following negative impacts:

“Plastic is the primary source of land litter in California, making up seven of the top 10 litter products found on beaches, with four being food service ware.
Plastic litter infiltrates City drainage systems and accrues in landfills with a lifespan likely lasting centuries.
Urban runoff channels millions of tons of debris into oceans per year, threatening invaluable natural habitats and marine life.
Coastal cities incur significant economic costs as a result of litter cleanups and prevention efforts.
Polluted shorelines lead to indirect costs to communities including losses in tourism revenue and damage to recreational/aesthetic values of the coastal environment.
Traditional petroleum-based plastics rely on nonrenewable energy sources for production and recovery, contributing to an increasing global carbon footprint throughout their lifecycle.”
In addition to the negative environmental impacts stated above a significant amount of plastic waste sent for recycling ends up in landfill, this is especially true of polystyrene products that are notoriously hard to recycle.

What are alternatives to polystyrene?

There are multiple alternatives products to polystyrene. These alternate products are cost comparable to polystyrene and have many of the same properties as offered by polystyrene products. We would encourage the investment in reusable foodware and kitchen items, such as metal cups, or reusable plastic cups where this is appropriate.

Reusable Cups Example Square

Products that do not exhibit Resin Code 6. You can use products with resin codes 1-5 & 7. Please be AWARE, the City has passed SUP Foodware Regulation (Ordinance 5976), regarding the prohibition for the distribution of disposable foodware accessories.

The following is a list of manufacturers and distributors that supply alternative foodware products. Manufactures and distributors will be continually added to the list.

Can my business have disposable foodware available for customers?

Are their exemptions under the proposed Polystyrene Waste Reduction Regulations?

The following are exempt from the provisions of this policy:

Coolers and ice chests, that are encased in a durable material are exempt from the regulations
Food brought by individuals for personal consumption.
During a locally declared emergency, the city, emergency response agencies operating within the city, users of city facilities, and food and beverage providers shall be exempt from the provisions of this chapter.
Food or beverage provider that provides or distributes a plastic beverage straw upon request to individuals with disabilities as needed to comply with the Americans with Disabilities Act.

Food or beverage providers that are obligated to purchase or have purchased polystyrene food or beverage service ware under a contract entered within the year prior to the operative date of this ordinance are exempt from the provisions of this Chapter for six (6) months following its operative date.

The city manager or designee may exempt any person from section 8.42.030 of this code, as follows:

A request for an exemption shall be filed in writing with the city manager or designee and shall include documentation supporting the reason for the claimed exemption and shall include any other information necessary for the city manager or designee to make a decision. The city manager or designee may require the applicant to provide additional information to in order to make an exemption determination. Applicants shall promptly provide additional information requested by the city manager or designee. Failure to provide such additional information may result in the denial of an exemption request.
The city manager or designee may grant an exemption for a maximum of one (1) year, with or without conditions, upon finding that compliance would create an undue hardship. Applications for exemption renewals will also be considered. Undue hardship includes, but is not limited to, situations where:
- There are no reasonable alternatives to polystyrene food service ware for reasons that are unique to the applicant; or
- Compliance with the requirements of this chapter would deprive a person of a legally protected right.

When does the City’s Proposed Polystyrene Regulations Ordinance take effect?

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Single Use Plastic Foodware Ban

The City adopted Ordinance 5973 (GMC 8.46) that requires food and beverage providers located within the City of Glendale – including restaurants, bars, and convenience stores – to have customers ask for accessory foodware items, such as spoons, forks, knives, napkins, straws, and other items, before receiving them. The ordinance applies to third party delivery services, online orders, as well as dine-in, drive through, and take out customers.

The ordinance requires that food and beverage facilities:

Not provide any Disposable Foodware Accessories without a customer request;
Provide that customers “opt-in” to receive disposable foodware accessories with online and takeout orders;
Ask a drive-through customer or delivery customer if the customer wants any disposal foodware accessories;
Choose whether to provide specific disposable foodware accessories to a drive-through, take-out, or delivery customer to prevent spills or for safe transport or delivery of a prepared food or beverage, such as cup lids, cup sleeves, and beverage trays, even without a customer request.

For any questions regarding the ordinance please contact the Office of Sustainability at 818-548-4844 or email Sustainability@Glendaleca.gov.

Free viewers are required for some of the attached documents.
They can be downloaded by clicking on the icons below.

Word Viewer

Armenian and Spanish Flyers available.

Foodware Aware Businesses in Glendale

foodware compliant businesses

Resources:

Plastic Free Restaurants

A non-profit that subsidizes the purchase of reusable food and drinkware for restaurants, schools, and more.

ReThink Disposable

A program of the Clean Water Action and Clean Water Fund with the aim to prevent waste before it starts. They provide technical assistance to help food business operators reduce waste and cut costs by minimizing disposable packaging items. They also offer rebates for qualifying business towards the purchase of reusable food service ware.

What are the requirements of the City’s Disposable Foodware Accessories Ordinance?

Under this Ordinance, food or beverage facilities can provide disposable foodware accessories to a dine-in or take-out customer ONLY if the customer requests one. Food or beverage facilities may not automatically provide a disposable foodware accessories to drive-through or delivery customers, but may ask those customers if they want one.

Food or beverage facilities that use Online Food Ordering Platforms are required to provide options on the Online Ordering Platform that enable customers to choose which Disposable Foodware Accessories to include with each Online Order.

Prepared Food Facilities that use Online Food Ordering Platforms must provide an option or method for posting a customized lists of Disposable Foodware Accessories single use deliver offered on their Platform.

Include on Online Food Ordering Platforms an “opt-in” function for a Customer placing an Online Order to request available Disposable Foodware Accessories as part of the Customers Online Order. And not provide Disposable Foodware Accessories where “opt-in” function is not selected.

What businesses are affected by the Ordinance?

The Disposable Foodware Accessories Ordinance applies to food or beverage facilities located in the City of Glendale, which sell or provide prepared food or beverages that require no further preparation by a customer before consumption.

These food or beverage facilities means a facility located in the City that sells or otherwise provides Prepared Food or Beverages for consumption on or off its premises, and includes, but is not limited to, a shop, sales outlet, restaurant, bar, pub, coffee shop, coffee stand, juice and/or smoothie bar, cafeteria, caterer, convenience store, liquor store, grocery store, supermarket, delicatessen, farmers market, theater, mobile food truck, roadside stand, kiosks, carts, or a Vendor or any organization, group, or individual that regularly provides Prepared Food or Beverages as part of its service

The Ordinance also applies to food or beverage facilities with an online ordering platform, or using a Third-party Food Delivery Services with an Online Ordering Platform, and Third-party Food Delivery Services with an Online Ordering platform, which operate in the City of Los Angeles.

Are any businesses/ facilities exempted under the Disposable Foodware Accessories Ordinance?

I need foodware accessories for medical reasons. How will the Ordinance affect me?

How will customers of food and beverage facilities know about this law?

Each food or beverage facility will be required to display an advisory notice informing customers about the Disposable Foodware Accessories Ordinance. City of Glendale has provided mailers that can serve as customer advisory notices, or food/beverage facilities can use their own.

This information must also be posted on online ordering platforms.

Disposable Foodware Flyers in English, Spanish, and Armenian.

When does the City’s Disposable Foodware Accessories Ordinance take effect?

The Ordinance became effective for food or beverage facilities, in Glendale that have more than 26 employees, on February 18, 2022. (The “more than 26 employees” threshold applies to food or beverage facilities that are part of a chain of franchised or corporate- owned food or beverage vendors located in Los Angeles and in more than one jurisdiction outside of Los Angeles).

All other food or beverage facilities must comply with the requirements of the Ordinance by March 20, 2022.

How will the Disposable Foodware Accessories Ordinance be enforced? What are the penalties for non-compliance?

Enforcement is complaint driven. City of Glendale will investigate when it receives complaints that a food/beverage facility is not complying with the Ordinance. City of Glendale will issue written notices of compliance to the operator of a food or beverage facility if a violation is found to have taken place. The penalty structure is as follows:

A written notice for a first and second violation;
An administrative fine of $25 for a third violation and each subsequent violation.
The administrative fine will be imposed for each day a food or beverage facility is in violation, but shall not exceed $300 per calendar year.

An administrative fine shall be due and payable to the city within thirty (30) calendar days from the date the written notice of violation is served.

An Operator who receives a written notice of violation pursuant to this Chapter may request an administrative enforcement hearing pursuant to the procedures set forth in GMC section 1.24.110 (Administrative enforcement and appeal hearings).

More information regarding enforcement of the Disposable Foodware Accessories Ordinance can be found in Sec. 8.46.060. of the Ordinance here.

What type of disposable foodware accessories are covered under the Disposable Foodware Accessories Ordinance?

This Ordinance covers disposable foodware including, but not limited to: means any type of Disposable item that accompanies a Prepared Food or Beverage served in Disposable plates, containers, or cups. A Disposable item includes, but is not limited to, Utensils, Condiment Packets, Disposable Plastic Drinking Straws and all other Disposable straws, stirrers, splash sticks, cocktail sticks, toothpicks, napkins, wet-wipes, cup lids, cup sleeves, and beverage trays.

Does the Disposable Foodware Accessories Ordinance apply to disposable foodware accessories that are prepackaged with a prepared food or beverage, such as the straws provided with juice boxes?

My business sells pre-packaged food (such as sandwiches, salads, etc.). Is my business subject to the requirements of the Disposable Foodware Accessories Ordinance?

Can my business have disposable foodware accessories available for customers?

How can I report a violation?

If you were provided disposable foodware accessories with a dine-in, take-out, drive-through, or delivery meal, without requesting one, you may report this violation to City of Glendale Sustainability Office by calling (818) 548-4844 or emailing Sustainability@Glendaleca.gov

There are reusable alternatives to disposable foodware accessories. Customers can purchase reusable travel size utensil kits. Customers can apply condiments in the restaurant.

Restaurants may wish to invest in reusable dishware, cups, utensils, cloth napkins and other reusable foodware accessories for all dine-in customers, and the equipment needed to clean these items.

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