Businesses seek delay of single-use foodware ban
Merchants cite burden while recovering from pandemic
A Marin business coalition wants the county to delay a proposed ban of single-use foodware while the food industry recovers from pandemic-inflicted losses.
The Marin Council of Chambers, which includes 12 chambers of commerce, has submitted a letter to the county seeking relief from the ordinance. The organization said it supports the effort to reduce non-compostable waste and greenhouse gas emissions, but it said food sellers are still reeling from the COVID-19 crisis.
Even though the ordinance would not take effect for 18 months after approval, the changes could deliver the industry another big financial blow, according to the organization.
“This is an ordinance that is not yet ready for implementation,” Joanne Webster, president and chief executive of the San Rafael Chamber of Commerce. “We would like to see more resources allocated to helping our local restaurants, neighborhood bakeries, corner coffee shops and family taquerias get the assistance needed to comply with a new mandate by the county.”
The ordinance is set to be presented to the Board of Supervisors on April 19. It will be considered for adoption on May 10.
The ordinance would not be enforced until Nov. 10, 2023. It would apply to businesses such as grocery store food counters, restaurants, delis, bakeries, farmers markets, food trucks, carry-out vendors and other food service providers in unincorporated Marin.
The ordinance is modeled after San Anselmo's law. It would require all takeout plates, bowls, cups, utensils and other foodware to be made of compostable fiber-based material. Dinein foodware would have to be the same, or reusable materials. Eateries would also need to apply a 25-cent charge to takeout cups.
Bioplastics, which are made from renewable sources such as corn and sugar cane, would be noncompliant, despite being labeled as compostable. Bioplastics contain chemicals and are not accepted at local compost facilities and end up in the landfill, said Dana Armanino, a county planner.
The county would encourage all Marin municipalities to comply with its ordinance in an effort to streamline enforcement. Fairfax, San Rafael, Novato, Mill Valley and Sausalito also have plastic bans.
Marin cities that adopt the same law prior to the county ordinance taking effect could ask the county do the enforcement at no cost. However, if a city approves it later, it will be charged a one-time set up fee for enforcement, Armanino said.
The fee, which is based on how many food service operations are in a jurisdiction, could range from a few hundred dollars to more than $30,000, Armanino said.
Cory Bytoff, sustainability program manager for San Rafael, said the city supports the process.
“Right now the city is in assessment mode and is not planning on pursuing this right away based on other priorities,” he said.
The county had previously awarded $2,050 to 10 grantees in a voluntary compliance grant program. Officials also submitted a one-time budget request for another $50,000 for technical assistance and a grant program to happen in the fall. That will be considered as part of the county's budget hearings in June, Armanino said.
Webster said, “That simply does not seem like enough resources.”
Morgan Patton, executive director of the Environmental Action Committee of West Marin, said the nonprofit is encouraged that the county is considering the law after a twoyear hiatus because of COVID-19.
“It's fantastic to have the county advance this measure, which is aligning well with the state's goals to reduce microplastics in our environment and drinking water,” she said.
Jim Revoir, the owner of Grilly's restaurants in Mill Valley and San Rafael, said he uses bioplastic cups and compostable food containers. He said he would be happy to comply with the ordinance, regardless of the burden.
“It's important to look to the future,” he said. “We'll do our share.”
Kaity Galvez, owner of LJ's Deli in San Rafael, said the business uses mostly paper takeout products, but also plastic utensils and dressing containers. Galvez said the ordinance would be costly at a time when food and gas prices are rising, employers are facing labor shortages and inflation is weighing on consumers.
Although Galvez's business is in San Rafael city limits and doesn't fall under the county's jurisdiction, she hopes county officials will put off any decisions until there is a better sense of what's ahead.
“If you asked me in March 2020, I would think 18 months from then we would be OK, but we aren't,” she said. “I would love for them to look at it again in 18 months.”