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Environment - Litter Prevention - EPS

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1. Why did San José adopt a Foam Food Container Ordinance to phase out expanded polystyrene (EPS) foam food service ware, commonly known as Styrofoam™?

Litter impacts our communities and threatens water quality and wildlife in our local creeks and Bay. Twenty-six creeks in the Bay Area, including Guadalupe River and Coyote Creek in San José, have been declared as impaired by trash by the State Water Resources Control Board. The EPS phase out will help decrease litter in these creeks. Foam Food Container Ordinance

2. Why does the ordinance only focus on EPS foam food service ware, not paper or rigid plastic containers?

Paper, other natural fibers, and rigid plastic do not present the same kind of litter problem for our creeks. Paper and natural fibers degrade and, thus, are not persistent in the environment. Rigid plastic is highly durable but does not break apart the way EPS does. Reducing the use of EPS foam food service ware will decrease the amount of this particular pollutant in our environment. EPS foam food containers, such as cups and clamshells, float when in water, making them a highly visible form of litter. Since EPS food containers tend to break into many small pieces and never degrade, they are easily carried by street storm drains to local rivers and creeks, and eventually impact the San Francisco Bay and the ocean.

3. Who is affected by this ordinance?

In San José, all food establishments are required to switch to a non-foam food service ware alternative, including restaurants, delis, cafes, corporate cafeterias; supermarkets and grocery stores that serve prepared food; mobile and street food vendors.

4. When will this change take affect?

The first phase of the Foam Food Container Ordinance affects multi-state restaurant chains on January 1, 2104. The second and final phase affects all others including small neighborhood restaurants on January 1, 2015. Any supply of EPS food ware will have to be used up before these respective dates. Foam Food Container Ordinance

5. Who is exempt?

The ordinance does not apply to non-profits, public schools and other State and Federal agencies. The ordinance allows San José restaurants with gross incomes under $300,000 to apply for a financial hardship exemption. Additionally, if a restaurant requires a type of packaging that is unavailable in any other kind of material they may apply for a unique packaging exemption. Exemption Form

6. How does a restaurant apply for an exemption?

Restaurants applying for either a unique packaging hardship or a financial hardship exemption will need to complete and submit the Exemption Form. The exemptions are valid for one year and need to be renewed annually. Exemption Form

7. What are the alternatives to EPS foam food service ware, and where can I purchase them?

There are many alternatives to EPS. Some are paper or rigid plastic, and others are made of organic materials such as corn, potato, or sugar cane fiber. Restaurant supply stores and common retail stores including Costco and Smart & Final carry alternative products. As a courtesy, the City has developed a list of vendors. Foam Food Container Alternatives and Pricing

8. Do alternative products cost more than EPS?

Costs will depend on where, what, and the volume of your purchase, with most products competitively priced. In some cases, paper and rigid plastic can be less expensive than EPS. The City of San José conducted a cost study and will continue to update pricing information twice a year to help restaurants find the best prices. Additionally, restaurants can join cooperative organizations in order to purchase in bulk which can decrease cost.

Foam Food Container Alternatives and Pricing

9. What is the City doing to enforce existing litter laws?

City inspectors are currently enforcing city ordinances related to trash management and littering. We will continue to enforce litter laws and trash management requirements by working with residents, businesses, and trash haulers to ensure that everyone is subscribing to an appropriate level of recycling and garbage service and that the trash is properly stored, collected, and transported to recycling centers or landfills.

10. How will this ordinance be enforced?

All restaurants are expected to comply on their effective ordinance date. The City will work with restaurants to achieve compliance through education and outreach and will respond to complaints of non-compliant restaurants. Non-compliant restaurants will be subject to increasing levels of enforcement that may include a citation up to $500.00. Individuals can report non-compliant restaurants by emailing greentogo@sanjoseca.gov or calling 408-975-2586.

11. What other options does the City have to deal with litter?

The City has a comprehensive plan to reduce trash and litter. The plan includes: preventing trash before it becomes litter, intercepting litter before it reaches our creeks, and cleaning our creeks. Reducing litter at the source, such as with product bans, is just one way to prevent trash from becoming litter.

12. Why not just recycle foam food service ware?

San José is nationally recognized for having one of the most innovative recycling programs. The City and its partner recycling companies have made several attempts to include EPS recycling as part of the City’s recycling program; however, there are no effective and efficient ways to recycle EPS. This is due to the low market value of the material and the high rate of food contamination, which makes it impossible to recycle.

13. Have other cities phased out EPS foam food service ware?

With San José’s ban, 71 California cities and local agencies have now adopted EPS bans according to Californians Against Waste.