The Senator's stated purpose for the measure [his office's fact sheet text] is "to help mitigate the detrimental effects polystyrene is having on our waterways, storm drains and marine life." Text continues below:
[Sen. Lowenthal office text]
SUMMARY
SB 568 would prohibit a food vendor or restaurant on or after January 1, 2014 from dispensing prepared food to a customer in a polystyrene foam food container (a.k.a. Styrofoam). The compliance date for public schools is July 1, 2015.
The bill would also allow a school district that has a verifiable recycling program and recycles more than 60% of its foam foodware to continue to dispense food in foam after the ban goes in effect.
The bill would also allow a jurisdiction (City or County) to continue dispensing food in foam foodware if it adopts an ordinance establishing a recycling program for foam foodware containers and at least 60% of the foam food containers would be recycled.
BACKGROUND
Expanded polystyrene foam (EPS), commonly known as Styrofoam, is pervasive in the marine environment. Like most plastics, polystyrene is lightweight and floats. When littered, it is carried from streets and through storm drains out to the ocean.
60-80 percent of all marine debris and 90 percent of floating debris are plastic. A study of beach debris at 43 sites along the Orange County coast found that EPS was the second most abundant form of beach debris.
In the environment, the containers break down into smaller and smaller pieces and are easily mistaken for food by marine animals.
EPS is not biodegradable.
The value of biodegradable food service packaging is two-fold, in that (1) institutional
users can incorporate the packaging into new small-scale food composting collection systems without the labor and expense of separating the container from the food and (2) if the material is improperly disposed of blows out of trash cans, the negative impact on wildlife and storm drain systems is minimized with the material biodegrades.
There is virtually no meaningful food service EPS recycling in California. Because EPS foodware is contaminated from food residue, recycling is very limited. Food service EPS by its nature only has a useful life that can be measured in minutes or hours. Yet it takes centuries for it to decompose in a landfill if at all.
47 jurisdictions in California including Alameda, San Francisco, Oakland, Fremont, Hayward, Marin County, and Santa Cruz County have all successfully banned EPS. All of these jurisdictions food vendors provide their take out in alternative packaging including, paper, plastic, compostable materials, aluminum foil etc.
It is important to create a statewide policy and uniformity regarding this nuisance form of litter and marine pollution.
DANGERS OF POLYSTYRENE FOAM
Workers in polystyrene products manufacturing are exposed to many harmful chemicals, including Styrene, Toluene, Xylene, Acetone, Methyl Chloride, and Methyl Ketone. Occupational exposure to styrene increases risk of lymphoma, leukemia, lung tumors, pancreatic cancer, urinary bladder cancer and other cancers. High rates of neurotoxicological effects have been reported in workers.
Public health is also impacted by the use of all polystyrene food containers. Styrene can migrate from polystyrene containers into food and beverages when heated or in contact with fatty or acidic foods. Styrene residues are found in 100% of all samples of human fat tissue. Styrene is a carcinogen in lab animal testing, a potential human carcinogen and a neurotoxin.
ADDITIONAL RESOURCES
Local Ordinances Banning Polystyrene Containers
Californians Against Waste, http://www.cawrecycles.org/issues/plastic_campaign/polystyrene/local
Facts and Research about Polystyrene and Styrofoam Litter
Clean Water Action California http://www.cleanwater.org/ca
SUPPORT
SPONSOR: Clean Water Action...
CO-SPONSOR: Surfrider Foundation...
American Federation of State,
County and Municipal Employees (AFSCME)
AcroSports
AXE Restaurant
Be Green Packaging, LLC
Berkeley Chamber of Commerce
Big Sur Bakery and Restaurant
Big Sur Lodge
Big Sur River Inn Restaurant
Big Sur River Inn Store
Big Sur Roadhouse
Biosphere Industries
Boku International, LLC
Bowman Design Group
Breast Cancer Fund
California Coastkeeper Alliance
California Coastal Commission
California Resource Recovery Association
California School Nutrition Association
Californians Against Waste
Central Contra Costa Solid Waste Authority
City of Capitola
City of Culver City
City of Encinitas
City of Monterey
City of Pasadena
City of Richmond
City of Santa Cruz Public Works Department
City of Santa Monica
City of Sebastopol
City of Ventura
City and County of San Francisco
Classic Organic Farm & Market
County of Santa Cruz
Deetjens Inn Restaurant
Defenders of Wildlife
Eco Greenwares
EcoLayers, Inc.
Ecology Action
Egg Plantation Restaurant
Endangered Habitats League
Environment California
Environmental Working Group
Fernwood Resort and Redwood Grill
Fremont Chamber of Commerce
Gerlind Institute for Cultural Studies
Georges at the Cove (Restaurant)
Global Gourmet Catering
Greenleaf Project Management
Heal the Bay
Ikes Quarter Cafι
Inn of the Seventh Ray
Institute for Local Self-Reliance
Los Angeles County Board of Supervisors
Los Angeles County Solid Waste Management Committee
/ Integrated Waste Management Task Force
Karl Strauss Brewery Restaurants
Kennon B. Raines (individual)
Malibu Surfing Association
Marin Sanitary Service
Mediterranean Gourmet Pizza
Mineta San Jose International Airport (Airport Environmental)
Monterey County
Monterey Regional Waste Management District
Napa Recycling and Waste Services
Natural Resources Defense Council
Ocean Beach Peoples Organic Market
ONeill Sea Odyssey
Orange County Interfaith Coalition for the Environment
Passion Fish (Cafι)
Planning and Conservation League
Power Source Cafe
Rawvolution Cafι
Revive Drinks
Ripplewood Resort
Sacramento Unified School District, Superintendent
San Diego Coastkeeper
Santa Clara County Board of Supervisors
Santa Clara Valley Water District
Save Our Shores
Sea Turtle Restoration Project
Seventh Generation Advisors
Sierra Club California
Sierra Mar at Post Ranch Inn (Restaurant)
Stone World Bistro
StopWaste.Org
Teens Turning Green
The Plastic Pollution Coalition
The Valley Womens Club
The Watershed Project
United States Green Building Council
(California Advocacy Committee)
Viv Biz Club
Worksafe, Inc
World Centric
Hundreds of Individual Petition Signers
OPPOSITION
American Chemistry Council
California Chamber of Commerce
California Film Extruders and Converters Association
California Grocers Association
California Manufacturers & Technology Association
California Restaurant Association
Dart Container Corporation
Food Service Packaging Institute
Industrial Environmental Association
Oxnard Chamber of Commerce
Pactiv Corporation
Society of the Plastics Industry
The Dardanelle Group
Valley Industry and Commerce Association
[LBReport.com note:
LB Area Chamber of Commerce Pres/CEO
signs letter in opposition, May 31]
STATUS
Eligible for a Senate Floor Vote